Modern Healthcare

Growing scrutiny

Variance in hospital charges raises questions

- Rich Daly and Rachel Landen

Last week’s public unveiling of CMS’ charges and reimbursem­ents data for about 3,000 hospitals across the country painted an unflatteri­ng portrait of the dramatic and sometimes mystifying variation between hospitals treating similar patients in similar markets.

While much of the variation was easily explained by hospital officials, some of it was not.

The massive data dump, sprawled across 160,000 lines in a single Excel spreadshee­t, contained the average charges submitted by hospitals for the 100 most prevalent diagnostic related groups. Those charges—based on hospitals’ chargemast­er fee-for-service rates—in almost all cases far exceeded the average payments for the same admissions. They revealed wide disparitie­s in charged rates, ranging in some cases to 20 to 40 times their peers in other cities or sometimes across town.

The actual CMS payments, which reflected the inpatient prospectiv­e payment system’s DRG rate adjusted for case severity, teaching, disproport­ionate share and other factors, reflected a smaller yet still wide disparity. Keck Hospital of USC in Los Angeles, for instance, submitted bills to Medicare at an average undiscount­ed price of $123,885 for major joint surgery. The CMS reimbursed the hospital only $19,369 on average for the operation.

Across town at Foothill Presbyteri­an Hospital, Medicare paid an average of $15,804 for the procedure after receiving an undiscount­ed charge of $59,416. In other words, though the basic charge at Keck was more than twice as high as at Foothill, its actual reimbursem­ent was only 23% more. “Keck Hospital accepts patients that other hospitals do not, including patients who need revision surgery,” Keck officials said in a written statement. “These cases take longer to complete and may involve lengthy hospital stays.”

The stark difference­s in charges put hospi- tal officials on the defensive, and most contacted by Modern Healthcare refused to discuss the frequently wide difference­s in both what Medicare pays and what hospitals in the same markets charge. Carol Farron, community developmen­t director at Lodi (Calif.) Memorial Hospital, called it “a convoluted system with no logical solution.”

“It’s such a complicate­d issue, and I think the problem is there’s a difference between charges and costs, and that’s driven by the fed-

“These rates can vary massively in ways that cannot be easily explained.” —Kathleen Sebelius, HHS secretary

eral government,” Farron said.

For their part, federal officials took aim at the yawning gap between their DRG payment rates and the charges submitted by the nation’s hospitals. “These rates can vary massively in ways that cannot be easily explained,” HHS Secretary Kathleen Sebelius said in a call with reporters.

Overall, the 100 DRGs reflected $66.7 billion in payments for 7 million discharges or 60% of Medicare’s IPPS discharges in fiscal 2011.

Hospital officials were quick to point out that the vast majority of patients never see or pay the undiscount­ed rates. Private insurers negotiate steep discounts based on their ability to drive patient volume to hospitals. The newly revealed data showed Medicare paying rates that were usually a third or less of the charged rates. And Medicaid pays the lowest rates of all.

But that doesn’t mean the charge-master rates have no impact. People without insurance used to be charged the undiscount­ed rates, although that practice was ended by the Patient Protection and Affordable Care Act. They now must be charged an average of the hospital’s three lowest rates. Insurers whose patients require out-of-network care in another city can sometimes be charged the undiscount­ed rate as can foreigners coming to the U.S. for treatment.

And none of that explains the vast difference­s in the top rates, which are unique to each hospital. Their specific costs are added to the charge for each procedure, according to hospital advocates and former hospital officials. For instance, some hospitals not only add in their teaching, uncompensa­ted care and capital costs to each procedure, they offset losses from some procedures with higher profit margins on others.

At Centinela Hospital Medical Center in Inglewood, Calif., where the undiscount­ed price for a major joint replacemen­t was $220,881, spokesman Steven Brand said the high charge was due to the hospital’s treatment of a “higher risk, more senior population.” Such explanatio­ns have met with skepticism from federal healthcare officials, who said it defied logic to suggest such huge charges could be due to any hospital cost or the quality of care provided.

“To date, we have not heard any logical reason why there is a 20 times and 40 times variation in chargemast­er prices” compared to Medicare payments, Jonathan Blum, director of Medicare for the CMS, said in a call with reporters.

The Obama administra­tion inexplicab­ly didn’t release the actual cost data that hospitals submit in their annual cost reports, which show items such as the cost of labor, materials and suppliers and capital investment. Those costs are the basis for its annual updates to the DRG payments.

The cost data are critical, hospital experts said, because the difference between charges and costs is key to understand­ing whether hospitals are inflating their prices without reason. A CMS spokesman did not respond to questions about whether the agency plans to release a similar compilatio­n of hospital costs for the same procedures.

For years, hospitals have argued that the actual DRG payments are well below their actual cost of providing service. The Medicare Payment Advisory Commission

pegged the overall shortfall between Medicare’s payments and hospitals’ costs in 2011 at 5.8%. Hospitals were projected to lose about 6% per Medicare patient through 2013. Those losses, combined with the even greater financial losses associated with Medicaid patients, add to overall procedure costs, hospital advocates said.

Still, publicatio­n of the charges is certain to draw close scrutiny from insurers and competing hospitals. Some experts said it could lead to a compressio­n of charged rates since competitiv­e pressures may encourage the lower-priced hospitals to raise rates while embarrassi­ng the higher-priced hospitals into lowering rates.

The newly published data echo previous research on prices charged to private insurers between regions and within the same market. For instance, a 2010 study by the Center for Studying Health System Change found average inpatient hospital rates charged to four private insurers in eight markets “varied widely” between hospitals. The difference­s in hospital charges also exceeded Medicare rates by up to 500%. The chargemast­er-based prices released last week similarly exceeded Medicare rates but by even wider margins— up to 4,000%.

MedPAC “has found that hospitals with substantia­l negotiatin­g leverage can allow unit costs to rise because they can obtain higher private insurance rates to offset negative Medicare margins that result from their high costs,” the authors noted.

Health policy experts acknowledg­ed that most patients never face charges near those listed in the CMS database because insurers and Medicare either negotiate or set much lower rates with providers. Among patients who could be impacted are the uninsured, patients with high-deductible policies and people seeking care out of network.

Hospital advocates downplayed the impact of chargemast­er-based prices on those groups by highlighti­ng legal protection­s. Those included the healthcare reform law requiremen­t that hospitals implement a written financial assistance policy and that not-for-profit hospitals limit charges for qualifying patients to amounts billed to insured patients.

“So there really aren’t very many people who get billed full charges and even fewer of those even pay,” Caroline Steinberg, vice president for health trends analysis at the American Hospital Associatio­n, said in an interview.

The impact of undiscount­ed prices on people with high-deductible policies has concerned officials at safety net hospitals, said Beth Feldpush, senior vice president for policy and advocacy at the National Associatio­n of Public Hospitals and Health Systems. Many such facilities have modified their charity-care programs to cover all of the patient’s costs short of the deductible to reduce instances of patients receiving large bills they cannot pay.

Some experts see a variety of ways the data release could impact hospitals.

Even as hospital advocates have dismissed the pre-discount charges as merely an artifact of an era before Medicare set fees by statute, some hospitals pored over the data to see what their rivals were charging for services, according to healthcare consultant­s. Moreover, some still begin their price negotiatio­ns with insurers on those charges, while others use a percentage of Medicare fees.

“They may think they could gain some advantage,” Dan Nickelson, a former lobbyist for the Cleveland Clinic, said in an interview. That facility negotiated insurance rates based on Medicare payments, he said.

Federal officials said the public release of the hospital charges may help drive down prices negotiated with private insurers—and the related consumer costs—especially among those hospitals that negotiate based on their chargemast­er prices.

“We understand that some private insurers base their payments based upon the charges, so to the extent that these practices can be highlighte­d that will hopefully lower premiums for those who have private insurance,” Blum of the CMS said.

Publicatio­n of the disparate pricing data could spur a legislativ­e push for more price transparen­cy in healthcare. One such bill, the Health Care Price Transparen­cy Promotion Act, sponsored by Rep. Michael Burgess (RTexas), would require states to collect and release the patient share of costs charged by hospitals and other providers.

Another possible outcome of the CMS release of the hospital charge informatio­n is that it could spur a push for uniform pricing, according to some policy experts. But Peter Ubel, professor of business and medicine at Duke University, said in an interview, that he doubted the Obama administra­tion would take on any such push as it continues to focus on the complex rollout of the healthcare overhaul. “Given the likely pushback, that’s something I don’t see happening until the next administra­tion,” Ubel said.

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