Seven days goes on the road

The Wayward Press
(with apologies to A.J. Liebling)

by Hamilton E. Davis

   I was standing in the mess in my office the other day when my phone dinged and I noticed that it was a feed from Seven Days, the alternative weekly in Burlington. The headline said something about Bernie Sanders and I assumed it was the usual local stuff, but since I can’t stay away from politics, I read the first couple of paragraphs, then a couple more.
   Before I realized it I had read the whole thing and I thought, Wow, I haven’t read one of those for two decades. I was still standing up.
   The piece was a long, very long, report by Paul Heintz on Bernie Sanders' trip to Wisconsin and Iowa, a staple reconnaissance for a politician contemplating running for president. Sanders has no chance to actually win the presidency, but he has a real following on the political left, and he wants to get a national hearing for the issues he cares about. Hence the trip.
   The Seven Days piece had no dateline and I assumed it had been written in Burlington. I wasn’t surprised at that: an aggressive reporter can get a lot of information on the telephone and Heintz digs really hard. But as I kept reading I was struck by the way he way he was weaving all sorts of local color into his narrative and how successful that was.
   I began to feel that I was there, I was getting carried along, and then it hit me. Wait a minute, Heintz is there. You can get some good stuff on the phone, but you can’t create a whole atmosphere without faking it, or just making it up. After that epiphany, I just enjoyed it.
   Heintz was getting the whole Bernie: the passion, the ranting speech, the rage at what Bernie sees as the depredations against the common man and the working and middle classes.
   And at the same time, Bernie’s reluctance to engage directly with the people that flock to hear him. Or to engage in the backslapping and schmoozing that functions as the machine oil of American politics.  Bernie as grump.
   It was all there: you read Heintz’s story and you’ll know Bernie Sanders as well as you’ll know any political candidate. Worth every syllable of the 4,600 words.
   What made it particularly remarkable for me is that small, medium and even the huge majority of big newspapers in the United States don’t do that kind of journalism any more. Long form political stories were one of the early victims of the collapse of the newspaper industry that began around 20 years ago.
   The reason is that the stuff costs so much. The meals and hotel rooms on the road, the airplane fares. The business model of American newspapers has collapsed in the face of competition from World Wide Web and the loss of huge numbers of readers.           
   I covered presidential campaigns in 1968 and 1972 and the campaigns charged reporters and t.v. crews first class fares on every leg of every flight. My editors at The Providence Journal didn’t blink.
   Today, editors from one end of the country to the other aren’t just blinking, they are backing away from strong journalism as fast as they can. I think that is a major factor in the increasing toxicity of American political life.
   The Heintz foray was in fact “pricey”, according to Paula Routly, the editor of Seven Days, who fronted the money to send Heintz on the road. Still, Seven Days did it, and performed the kind of public service that used to be the hallmark of newspaper journalism.
   I may be deluded, but I am choosing to think of it as a straw in the wind…and I think A.J. Liebling would have been pleased. 

  

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PREGAME: Shumlin design team faces tough deadlines in runup to 2015 Legislative session

by Hamilton E. Davis

   Governor Peter Shumlin’s single payer health care reform initiative, which was born in the winter of 2011, will crest in January when the administration brings its financing and operating proposals for a radically reconfigured delivery system into the legislature.

   The last three years have been something of a wild ride, owing mainly to the difficulties with the federally-financed insurance Exchange. But those difficulties pale into insignificance compared with the challenges involved in rebuilding the health care delivery system and shifting all or most of its financing to the state.

   The most important thing for the legislature and the public to understand is that the proposal for a new system is not yet complete—it is still very much a work in progress. And there isn’t much time left, probably less than three months, assuming that it will take some time just to clean up the details once the final decisions have been made.

  Most of the final design work will be done off stage, without much public notice, but the Shumlin team is now stretched to the maximum extent possible. Every member of the team, including the governor himself, will have to perform at a higher level than they ever have if the project is to succeed.

   Here are the basic problems they face:

Financing:

   The approximate cost of shifting to the Shumlin version of a single payer has been estimated at $2 billion. That would not be new money. The people of the state and many employers are paying it now in the form of private insurance premiums and out-of-pocket payments. The point of the shift to state financing is to begin to repair the inequities in the way the burden of these costs is shared by Vermonters.

   Nevertheless, the sheer size of the money-raising bill that the legislature will have to pass if it wants the Shumlin single payer is unprecedented. There’s lots of speculation in policy circles that this number—I call it the BN, the big number—will sink the reform effort by itself. That could happen, but I believe the financing issue is more complex.

   For one thing, no one so far has seen the financing design now being developed by Michael Costa, Shumlin’s tax expert, who has been working on the problem for the last two years. The components of the financing scheme are certain to include some sort of employer tax along with contributions from individuals based on their ability to pay. Costa has shared some of these potential sources with some key legislators and key insiders, but there is no actual plan as yet. 

   The reason is that the political impact of the financing plan will rest not only on the BN, but on how its burden is distributed across the state. Some Vermonters will see their health care costs go down, others will see it go up. The system now is grossly unfair, but people are used to it. So the legislative decision is likely to be affected by how compelling the burden-sharing plan turns out to be.

   Moreover, there could be pressure from the left to take the BN even higher, to as much as $2.7 or $3 billion, so as to eliminate problems with out-of-pocket costs that will increase the complexity of the system. There is no chance, however, that such a shift will come out of the fifth floor—Governor Shumlin thoroughly dislikes first-dollar coverage. But there is no way to predict how such a proposal would fare in the legislature.

   There is already some confusion about the Costa work. The opponents of single payer have accused the administration of developing a “secret” plan and hiding it from the public for political reasons. The reality, however, is that while Costa obviously has a pretty good idea about how to fashion a financing mechanism, he has no way to tell how the people affected would react to those changes.

   For that reason, the administration contracted with Jonathan Gruber of MIT, one of the leading national experts on health care reform, to build a model that would allow Costa to run test scenarios of the various financing options. The model will not be available until mid fall.

   The press got tangled over the issue, reporting in the summer that Costa had hired Gruber to “help design” the financing plan and then reporting, just a few days later, that Costa had shared the financing plan with key legislators. Gruber is good, but he’s not that good…

   In any event, a coherent financing plan should be available by January. There is no way to tell, given the BN, what the response will be, but two things appear clear.

   The first is that the BN is indeed huge and many observers are writing off Shumlin’s project for that reason alone. They could turn out to be right, of course, but it’s my view that the legislature could buy into the plan if the rest of the project looks rock solid.

   Which right now is a huge problem. The administration is already at a confidence deficit owing to the problems with the federally financed insurance Exchange, which still isn’t fully operational after two years of work. The Exchange issue got worse earlier this week when the Shumlin team had to shut it down until November to install the latest fixes.

   Shumlin has moved, even if too slowly, to remedy that problem; he has installed new leadership at the state bureaucracy that now runs the Medicaid program and it’s reasonable to expect that the Exchange should be in working shape over the next several months.

   The biggest gap in my view is what I call reorganization, building the governance and infrastructure to run a program of this magnitude. There hasn't been much discussion about this aspect of the reform project in recent months, but  in my view it amounts to the heart of the matter.           

   Reorganization:

     If you ask the basic question: what does a single payer actually do, you get a deceptively simple answer: it pays doctors, hospitals and other providers of health care. In fact, there is an ocean of hideously complex problems tied up inside that formulation, and after three years of work by the Shumlin team there is no definitive answer yet as to how a refashioned delivery system would work.

   As a way of looking at this problem, let’s assume the legislature has taken a huge collective breath and voted to raise $2 billion for single payer, and the money is now flowing into a bucket in Montpelier. Who manages the bucket?

   In the early stages of the campaign, many people assumed that the manager of the bucket would be the Department of Vermont Health Access in the Agency of Human Services, which has a long history of paying the Medicaid bills for lower income Vermonters.

   The mess with the Exchange exposed that proposition as a fantasy, and if there was any doubt about it, Governor Shumlin assured anyone who was listening that the state was not about to build its own insurance company. It is clear to everyone now, since the Governor turned over control of health reform to Lawrence Miller, formerly his secretary of commerce, and followed that up by firing Doug Racine, his secretary of AHS.

   If not the Medicaid bureaucracy, then who? Or what?

   One way to start thinking about this problem is to divide it into two domains—the issue of governance and authority, much the more difficult, and the very difficult but ultimately more manageable one of operations.

Governance and Authority

   Governance and authority is so difficult because it is so fundamental: it asks the question how does our society—the people of Vermont—want to structure the health care delivery system that plays literally a life and death role in their lives and in the process consumes one out of every five dollars they earn.

   How should the societal decisions about health care be made? How much of our resources should we devote to health care? How do we decide that? And how should that money be spent? Who speaks for all of us?

   Well, there are choices available. The place to start is the legislature and no matter how the rest of the structure-building plays out, its role will be very large. But there are very large constraints on it also: legislators can make policy, but they are absolutely terrible at running anything. 

   A second option is the executive branch of state government. It operates the government. And it already manages the payment for Medicaid, a major piece of the health care revenue. Even more important in that line is the federal government, which runs the Medicare program. Medicare and Medicaid together pay for roughly half the health care system now and have for nearly 50 years.

   A third option is that the legislature can delegate critical powers to entities it creates and we now have one—the Green Mountain Care Board. The legislature set up the board under Act 48, which it enacted in 2011.

   The GMC board now regulates hospital budgets, along with the premiums that insurance carriers such as Vermont Blue Cross can charge to enrollees in the Exchange. It also has the responsibility for overseeing the restructuring of the delivery system, including shifting the payment mechanism for doctors and hospitals.  

   The GMC board is an obvious place to locate even more responsibility for overseeing the system, but the legislature would have to decide whether both regulatory authority and major policy judgments are too much for one body.

   In which case, it could establish some new authority to deal with some of the decision-making. Or it could retain for itself a direct role in the governance and operation of the system.

   What are the decisions involved? Even a partial list would include:

  •  How much money needs to be raised? Even more important is how much year-over-year inflation it will permit. On any big program, the legislature can do the first year right. It’s how fast the program grows that is troublesome. What if the costs of system regularly outstrip the financing source?
  •   Will the legislature agree to insulate the flow of money to doctors and hospitals from the vagaries of state financing? The absence of any such machinery would be a huge threat to the whole enterprise because doctors and hospitals almost certainly would refuse to function under such a system.
  •   There will have to be some way for the payer--the state, in the Shumlin initiative--to negotiate with care providers over the total expenditures in the system, as well as at least some operational aspects of the delivery system. No such plan has yet been settled on.   
  •   How comprehensive should the program be? What benefits will be available and will there continue to be out-of-pocket or premium costs to some Vermonters? One of the few certainties is that there will be fierce lobbying over that question, as there will be over every important pressure point.
  •   Assuming an adequate amount of money flows to the delivery system, how does the money get distributed through the system? The way this happens now is so tangled and inefficient that it hurts to think about it. Nonetheless, there is no way that you can achieve a financially sustainable system without a dramatic increase in the operational efficiency in the system. The principal tool here is to shift from fee-for-service financing to some sort of group-based payment that shifts financial risk from payers to providers. Achieving that is a huge challenge.
  •   If the previous issues weren’t knotty enough, the Vermont structure will have to figure how to manage the places where Vermont authority intersects with other sources of authority, such as the federal managers of Medicare and Medicaid.

Operations

   Once you decide on the big issues of the flow of authority and money to doctors and hospitals, you still have to build machinery to make that actually happen, day after day.

   Who determines eligibility and enrolls people? Who actually writes the checks to doctors and hospitals? Who in the executive branch oversees all this stuff?

    One major decision that has already been made, albeit implicitly, is that the paperwork dimensions of the Shumlin plan—the actual writing of checks and the processing of claims—will be managed by Vermont Blue Cross and Blue Shield, with possible participation by the New York-based carrier MVP.

   Still, there would be very complex negotiations around this issue, both for the state and for the two carriers. 

   One of the routes to at least a partial solution to all of this tangle would be the maturation of OneCare, the state’s most important Accountable Care Organization. OneCare is comprised of all the state’s hospitals and two third of its doctors; it includes Dartmouth-Hitchcock Medical Center, which delivers tertiary care to much of the eastern Vermont population.

   The importance of OneCare lies in the implacable reality that no team of reform designers, including the very good one that Shumlin now has in place, is competent to decide what medical resources need to be in place at what location and how much those individuals should be paid.

    If this reasoning is valid, it makes sense that something like the Green Mountain Care Board should represent the interests of the people of the state, for both affordable costs and necessary services. And that OneCare, or something like it, that is to say, an entity that can credibly decide just what medical resources are available and whether the services they deliver are of high quality and cost effective, be empowered to negotiate with the board.

   OneCare is now in the early stages of building its systems, but it is nowhere near ready to come up to full speed in the next few months. Which is one of the factors that are pressuring the design team getting ready for January of 2015.

   If you have read this far, you may be tempted to conclude that it can’t be as complicated as all that. In fact, the above survey is just the surface, the highlights. The complexity underlying it is even more formidable…

   The Shumlin initiative is hugely ambitious: it proposes nothing less than a template for a new American health care system. Neither the federal government nor any other state government so clearly aims at the stars. Not even the gods of politics and political life can know the outcome, but it is a magnificent effort and, in one way or another, all Vermonters will be part of it.

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Reading the tea leaves at the Vermont Exchange

     During the cold war, American intelligence experts would often try to suss out what was going on in the Soviet Union by looking at photographs of Kremlin public events. If Ivan Somebody was in the picture two places from the Russian leader in March and again in May, but was gone in a similar photograph in July, that meant something. Most likely that Ivan was toast.

     In a much more minor way observers of single payer health care reform in Vermont can gain some insight about what is going on inside Governor Peter Shumlin bureaucratic management structure by looking at pictures accompanying stories about the progress of reform.

   Over the last three years, the stories that have come out of the Department of Vermont Health Access, one of three centers of reform activity, have been illustrated by photos of Mark Larson, the commissioner of DVHA, or less often Doug Racine, his boss, who is Secretary of the Agency of Human Services. That was true until the last two weeks.

  Now, the picture accompanying the stories is of Lawrence Miller, the former Secretary of Commerce, who is taking over as the Czar of health care reform in the Shumlin administration:

   July 24, DVAH gets permission to hire 37 new staff members to begin cleaning up the mess over the federally financed health insurance Exchange, a key piece of the reform puzzle. Picture: Lawrence and Stephanie Beck. July 25, Shumlin press conference in Barre. Gets questions about the Exchange mess. Miller on his shoulder. July 28, Miller (pictured) says Vermont will seek extension of federal funds for the Exchange.

   And it isn’t just the pictures. The whole tone of the discussion around reform has changed dramatically.

   On July 10, Doug Racine, the secretary of AHS, gave a presentation to the Green Mountain Care Board, another of the three principal focal points in the reform effort. Al Gobeille, the board chair, had asked the Agency for an update on where the state bureaucracy stood on the various problems facing the Exchange.

   Racine provided a lengthy power point recitation of how the whole thing is structured; he said that DVHA is moving forward on its problems and that they would get solved. There was no hint of a crisis, or indeed anything the board really needed to worry about. There was some apparent unease in questions from the five-member board, but no sense of anything really untoward.  

  Less than two weeks later, the whole atmosphere changed dramatically. Miller went before Mike Fisher’s House health care committee and told them flatly that the whole Exchange effort was a mess and that it would take a huge effort to fix it. Considerable shock attended this information. News headlines spoke of the Exchange issues reaching a “crisis.”

   In fact, there was no new crisis. The whole operation of the Vermont bureaucracy’s management of health care had been a total mess virtually since its inception in 2011, when the newly elected Governor Shumlin took office. The Exchange has never worked properly, and the way that DVHA was headed it never would.

  This failure was costing Vermont millions of dollars in lost federal subsidies, since many Vermont employers didn’t dare to cut their workers loose from company- financed insurance. But that wasn’t the worst of it, by a large margin.

   The problems at the state agency have threatened to sink the whole health care reform itself. 

   The reason: Shumlin can’t get the single payer system he wants unless he can convince the legislature to raise around $2 billion to replace the private premiums that now finance the system of doctors and hospitals that deliver care to the people of the state.

  Doctors and hospitals have provided rhetorical support for the reform effort, but there are huge implicit caveats attached to that support. Doctors and hospitals will have to be confident that whoever manages a whole new management structure for health care.    

   In the simplest terms: The legislature raises two billion dollars and there it sits, in some form of government bucket. A big question: what happens to it? How does it get distributed to the doctors and hospitals who are delivering the care? Who gets paid how much? How does the whole thing work? 

   The answer is still being worked out by the Shumlin team, so we won’t really see it until next winter, but one thing is already clear to all the major and most of the minor players on the field: The money can’t be managed by Doug Racine and Mark Larson. In the starkest terms:  If the doctors and hospitals think that they will be working for DVHA, there will be no health care reform in Vermont.

   So, is that conclusion valid? Call it the competence issue. What is known about it, what is the evidence?

   Few if any of the major players are going to state the case in terms that are this unequivocal. The evidence is nonetheless compelling.

   The attitude of the Shumlin high command is evident by simply looking at the skein of events involving Lawrence Miller.

   Miller is a highly respected businessman who was building a solid reputation in government in his management of the Agency of Commerce and Community Development. Last January, however, Shumlin asked him to help Mark Larson get a grip on the computer problems at the Exchange.

   After spending a couple of months dipping into the DVHA operations in Williston and Winooski while still running his own agency, Miller apparently decided that it would take more than just dipping in because on April 10, Shumlin decreed that Miller would take charge of the whole health care effort for the administration.

   Al Gobeille would continue in charge of the Green Mountain Care Board which has  both regulatory and system design responsibilities. But all health care reform activities in both the Agency of Human Services and in Shumlin’s own office would come under the direct control of Miller.

   It is hard overstate the importance of this, not least because it is unique in Vermont government. To recap, one agency secretary is superimposed on the most important function (health care) in another state agency. Has that ever happened before?

   Not according to Steve Terry, a long time Vermont journalist and utility executive, who has been watching state government closely since the Hoff administration in the mid-1960s. “I’ve never seen anything like that,” he said when asked.

   Add to this Governor Shumlin’s often-repeated comment that “there is no way that Vermont is going to run an insurance company.” And finally, it is important to look at the posture of the “partners”—a group of reform stakeholders that includes the medical society, the hospital association, Vermont Blue Cross, business community and a few others.

   These groups all say they support health care reform, but they are nonetheless very leery about it. For example, last year, the partners contracted a consultant, Avalere Health, to “examine the assumptions” involved in the Shumlin reform effort. The report was superficial and flatly wrong in some of its arguments. Its real importance lay in the simple fact that the partners wanted to send a message that they would oppose a reform plan they thought was damaging to them.

   What all of this adds up to is that the Racine-Larson regime at AHS has lost the confidence of very important player in the game—the reform team operating out of the Governor’s office, and the key stakeholders in the system.

   Equally important, they appear to have lost the confidence of a significant portion of the Vermont legislature. The evidence for that conclusion is that the legislature has insisted on hiring its own consultant to duplicate the effort by the administration to develop technical data necessary to complete the Shumlin plan.

   Wasting money like that can only be justified by a conclusion on the legislature’s part that they can’t trust the information they get from the administration. There is no apparent reason to paint the Green Mountain Care Board with that brush---the GMCB’s performance on getting costs under control has been exemplary. Nor is it likely that anybody distrusts Michael Costa, the tax expert that is working on the financing plan for reform.

   Moreover, there was no movement at all in the legislature and the Joint Fiscal office, the legislature’s data arm, in the direction of hiring its own consultants to replicate the data they would get from the executive branch. They didn’t need their own consultant for the original Hsaio plan, nor for the plan drafted by a University of Massachusetts consulting firm. Nor for the passage in 2011 of Act 48, which came from the administration planners.

   It was only after press reports that the Shumlin administration had known in the spring of 2013 that the Exchange was a mess, while continuing to issue reassuring reports, did the Legislature revolt. Their first move was to hire Ken Thorpe, a health policy consultant from Georgia, to advise them in the 2014 legislative session. You could argue that the $40,000 they spent on that was wasted also. Nothing appeared to come of it, and in fact no one seemed interested in retaining Thorpe again.

   In the light of all this, it seems clear that the Legislature’s action in getting a consultant now to get the same information the administration is gathering is driven not by a substantive need for the resulting data but by the distrust that has permeated the legislature.

   It’s perfectly reasonable to ask why somebody hasn’t been fired, given the record of performance on the Exchange. Well, the governor, who bears a piece of the responsibility for misleading the legislature on the Exchange, is not going to fire himself.

   And he is also apparently not firing either Racine or Larson, which would have happened long ago in the private sector and to lesser extent in state government. But that is not Shumlin’s style.

   Hence the need for Lawrence Miller. And on the record of the last three weeks, Miller is not kidding anybody. His assessment of the mess at DVHA couldn’t have been more blunt. Under his watch, the state recently severed its ties with CGI, the Canadian information technology company that designed Vermont’s exchange. Miller is the man with the broom ready to clean up the exchange mess.  And it would be hard for anybody to believe that he isn’t determined to fix it.

   It is impossible to know at this point whether he can fix it—fixing it meaning not only that the Exchange begins to work, but that the whole reworking of the information systems for AHS takes hold. That effort is in the early stages, but the primary change has been Miller’s moves to get more operational skills as opposed to policy expertise into the bureaucratic machinery.

   Racine, Larson and Larson’s chief aide, Lindsey Tucker, are all policy wonks. Policy they know, operations not so much. Hence the need for Miller, whose whole background consists of operational experience in the private sector. Miller has also recruited operational help in the person of David Martini, who has experience running an insurance company and who has been working for the Department of Financial Regulation. Another addition is Tom Boyd, who has operating experience at Rhode Island Blue Cross.

   In sum, there is a new broom and a new message, both of which were necessary if the Shumlin single-payer plan is not to die before it ever got fully launched.