SENATE COMMITTEE ON HEALTH POLICY
February 28, 2005 Hearing Room B
1:00 P.M. Tapes 27 - 30
Corrected 9/29/2005
MEMBERS PRESENT: Sen. Laurie Monnes Anderson, Chair
Sen. Jeff Kruse, Vice-Chair
Sen. Peter Courtney
Sen. Gary George
Sen. Bill Morrisette
STAFF PRESENT: Rick Berkobien, Committee Administrator
Brittany Kenison, Committee Assistant
MEASURES/ISSUES HEARD:
Hospital Rate Regulation – Informational Meeting
SB 502 – Public Hearing
Panel discussion on hospital rate regulation and transparency – Informational Meeting
These minutes are in compliance with Senate and House Rules. Only text enclosed in quotation marks reports a speaker’s exact words. For complete contents, please refer to the tapes.
|
TAPE/# |
Speaker |
Comments |
|
TAPE 27, A |
||
|
003 |
Chair Monnes Anderson |
Calls the meeting to order at 1:04 p.m. Opens an informational meeting on hospital rate regulation. |
|
HOSPITAL RATE REGULATION – INFORMATIONAL MEETING |
||
|
035 |
Robert Murray |
Executive Director, Maryland Health Services Cost Review Commission. Submits PowerPoint presentation on the Maryland Hospital Rate Setting System (EXHIBIT A). |
|
040 |
John Colmers |
Senior Program Officer, Milbank Memorial Fund. Discusses the origins, history and operations for hospital rate setting in Maryland. |
|
090 |
Colmers |
Continues discussing the origins, history and operations for hospital rate setting in Maryland. |
|
140 |
Colmers |
Continues discussing the origins, history and operations for hospital rate setting in Maryland. |
|
190 |
Colmers |
Continues discussing the origins, history and operations for hospital rate setting in Maryland. |
|
233 |
Chair Monnes Anderson |
Asks who makes up the seven member commission for Maryland’s Rate Regulation program. |
|
235 |
Murray |
Answers question. |
|
243 |
Sen. Kruse |
Asks if the member’s serve terms with the Governor. |
|
245 |
Murray |
Answers yes, they serve four year terms and are appointed by the Governor. |
|
246 |
Colmers |
Adds how the Governor can remove a member. |
|
252 |
Sen. Kruse |
Clarifies that the Governor cannot remove a member without cause. |
|
255 |
Colmers |
Affirms and states that it has never happened. |
|
257 |
Sen. Morrisette |
Asks to confirm that a consumer advocate is part of the seven member commission. |
|
260 |
Colmers |
States that he believes that there have not been a specific member as a consumer advocate and adds that there has been a labor leader. |
|
265 |
Murray |
Clarifies that there have been consumer advocates in the past and how positions can vary. |
|
267 |
Sen. Morrisette |
Comments that there should be a position for just consumer advocates. |
|
270 |
Murray |
Describes the background of the Governor’s selecting well qualified citizens and how they bring their expertise to the commission. |
|
275 |
Colmers |
Discusses the benefits of having a smaller commission. |
|
300 |
Colmers |
Continues discussing the origins, history and operations for hospital rate setting in Maryland. |
|
350 |
Colmers |
Continues discussing the origins, history and operations for hospital rate setting in Maryland. |
|
400 |
Colmers |
Continues discussing the origins, history and operations for hospital rate setting in Maryland. |
|
430 |
Colmers |
Discusses operational dynamic for Maryland’s hospital rate setting program. |
|
TAPE 28, A |
||
|
010 |
Sen. Morrisette |
Comments on patients who owe tremendous amounts of money to hospitals. |
|
015 |
Colmers |
Discusses how Maryland hospitals set rates and that there is a provision for uncompensated care for people without health insurance. |
|
030 |
Chair Monnes Anderson |
Verifies that hospitals have different rate settings and that the commission works with each hospital. |
|
035 |
Colmers |
Affirms. Provides further explanation. |
|
045 |
Colmers |
Continues to discuss operational dynamic for Maryland’s hospital rate setting program. |
|
055 |
Colmers |
Continues discussion of the origins, history and operations for hospital rate setting in Maryland. |
|
075 |
Sen. Kruse |
Clarifies that commission regulates what the hospitals charge, but do not regulated what the physicians charge for services in the hospital. |
|
077 |
Colmers |
Affirms. |
|
080 |
Sen. Kruse |
Asks if that is the same with surgical centers. |
|
082 |
Colmers |
Answers that it depends on the location of the center and provides further clarification. |
|
095 |
Sen. Kruse |
Comments on the large cost from physicians and how they are not regulated in Maryland. Asks how it is not an issue if it is unregulated. |
|
097 |
Colmers |
Answers that the physicians’ charges are 40 percent. Notes that it is a big cost and provides further explanation. |
|
120 |
Colmers |
Continues discussion of the origins, history and operations for hospital rate setting in Maryland. |
|
170 |
Colmers |
Continues discussion of the origins, history and operations for hospital rate setting in Maryland. |
|
200 |
Colmers |
Review charts for cost per Equivalent Inpatient Admissions (EIPA) and hospital uncompensated care. |
|
230 |
Chair Monnes Anderson |
Asks Colmers to explain the chart again. |
|
232 |
Colmers |
Re-explains. |
|
247 |
Sen. Morrisette |
Asks if people with low incomes paying medical bills, receive time allowances. |
|
250 |
Colmers |
Explains how the commission designed a hospital incentive system. |
|
260 |
Sen. Morrisette |
Re-clarifies question. |
|
265 |
Colmers |
Answers re-clarification. |
|
267 |
Sen. Morrisette |
Confirms that there is nothing to preclude patients who are unable to pay medical bills, from the hospital filing a lien on their home. |
|
271 |
Colmers |
Answers no. |
|
272 |
Sen. Morrisette |
Explains that he is questioning the system to make sure that it is geared to helping people make payments. |
|
274 |
Colmers |
Comments on hospitals being able to pay for patients who cannot, so long as they are collect payments from patients that can. Also comments that more people file for bankruptcy due to incurred medical costs. |
|
278 |
Chair Monnes Anderson |
Believes that in Oregon, 50 percent –plus or minus 5 percent- of the people who file for bankruptcy are due to medical care costs. Asks witnesses if they know the percentage for Maryland. |
|
283 |
Colmers |
States that he does not, but adds that medical costs is the number one reason nationally for people who file for bankruptcy. |
|
285 |
Colmers |
Discusses hospital mark-up in Maryland. |
|
335 |
Colmers |
Continues discussion of hospital mark-up in Maryland. |
|
373 |
Sen. Kruse |
Asks for the percentage of business from Medicare and Medicaid in Maryland. |
|
380 |
Colmers |
States that Medicare is on the chart. |
|
381 |
Sen. Kruse |
Clarifies question. |
|
385 |
Colmers |
Defers to Murray. |
|
387 |
Murray |
Answers that in terms of revenue, Medicare is 45 percent, Medicaid is 13 percent, uncompensated care is 8 percent, and the balance is commercial. |
|
398 |
Colmers |
Review chart for Hospital excess profit margins in Maryland. |
|
433 |
Sen. Kruse |
Asks what would be under the category of unregulated activities. |
|
435 |
Colmers |
Provides examples. |
|
443 |
Sen. Kruse |
Assumes that Johns Hopkins Hospital in Maryland, receives a large amount of foundation money. |
|
447 |
Colmers |
States that like other academic medical schools, it is separated from the actual hospital. |
|
457 |
Sen. Kruse |
Asks how hospital foundations and fundraisers are categorized. |
|
462 |
Colmers |
Answers questions about regulated versus non-regulated categories. |
|
TAPE 27, B |
||
|
010 |
Colmers |
Discusses how some of the hospitals in Maryland and around the nation, lost money with unregulated services. |
|
013 |
Sen. Morrisette |
Asks if they have examples of hospitals buying land around their facility and leasing it out for profit. |
|
020 |
Colmers |
States that he cannot think of an example. |
|
023 |
Colmers |
Discusses the Medicare waiver in Maryland. |
|
065 |
Sen. Kruse |
Asks why West Virginia has had failure obtaining the Medicare waiver |
|
070 |
Colmers |
Answers that he does not know and speculates. |
|
085 |
Sen. Kruse |
Comments on the need to have the waiver to keep the system operating. |
|
088 |
Colmers |
Adds that waiver has kept the system in operation in Maryland. |
|
105 |
Colmers |
Provides overview of Maryland’s hospital rate setting system. |
|
140 |
Colmers |
Discusses factors for political coalition and key success factors. |
|
165 |
Sen. Kruse |
Comments on problem with emergency rooms in Oregon and asks if it is addressed by the commission in Maryland. |
|
173 |
Colmers |
Answers that it is addressed within the commission and elaborates. |
|
200 |
Murray |
Begins discussing data and reporting with the rate setting system. |
|
250 |
Murray |
Continues discussion on data and reporting with the rate setting system. |
|
290 |
Rick Berkobien |
Committee Administrator. Asks how healthcare professionals’ salaries compare. |
|
296 |
Murray |
Answers that there is variation and elaborates. |
|
310 |
Colmers |
Clarifies that Maryland is at the national average. |
|
315 |
Murray |
Discusses timeliness with data and reporting with the hospital rate system. |
|
345 |
Murray |
Discusses rate setting methodologies. |
|
395 |
Murray |
Continues discussing rate setting methodologies. |
|
417 |
Sen. Kruse |
Asks if there are general rates, Intensive Care Unit (ICU) for example, or if there are other structured rates within a department. |
|
425 |
Murray |
Answers that it is a general rate and provides a further explanation. |
|
430 |
Sen. Kruse |
Clarifies that no matter what they are in the hospital for, the rate is the same. |
|
432 |
Colmers |
Answers clarification. |
|
450 |
Murray |
Provides another example. Continues discussion on rate setting. |
|
TAPE 28, B |
||
|
003 |
Sen. Kruse |
Confirms that it designed for patients to receive exams that are needed. |
|
008 |
Murray |
Defers to later section. |
|
010 |
Murray |
Continues discussing rate setting methodologies. |
|
060 |
Murray |
Continues discussing rate setting methodologies. |
|
078 |
Sen. Kruse |
Asks if there is a conflict between what the doctor prescribes and what the patients receives. |
|
090 |
Murray |
Explains what impacts the patient’s quality of care. |
|
105 |
Murray |
Continues discussing rate setting methodologies. |
|
155 |
Murray |
Summarizes and concludes |
|
160 |
Sen. George |
Asks how the rate setting program compares to other states. |
|
168 |
Colmers |
Explains how that has never been compromise for quality of care. |
|
172 |
Murray |
Adds statistics on other states and elaborates. |
|
180 |
Sen. George |
Asks if Maryland considers rate adjustments. |
|
185 |
Murray |
Answer that it depends on the hospital and the issues involved. |
|
195 |
Sen. Kruse |
Ask why the waiver was cancelled. |
|
203 |
Colmers |
Speculates. |
|
218 |
Sen. Kruse |
Questions why the federal government is not allowing waivers anymore if it is saving them money. |
|
220 |
Colmers |
Explains that the waiver is still available. |
|
225 |
Chair Monnes Anderson |
Asks why other states stopped rate setting programs. |
|
227 |
Colmers |
Speculates. |
|
231 |
Murray |
Adds that New York stopped and speculates why. |
|
236 |
Colmers |
Comments on other states in comparison to Maryland. |
|
253 |
Sen. George |
Comments on Maryland’s approach and asks if rate setting could be duplicated. |
|
258 |
Colmers |
Explains that the system was built for the state and that Oregon needs to design it best for Oregonians. |
|
275 |
Chair Monnes Anderson |
Closes informational meeting on hospital rate regulation and recesses meeting at 2:54 p.m. |
|
TAPE 29, A |
||
|
010 |
Chair Monnes Anderson |
Reconvenes meeting at 5:34 p.m. Opens public hearing on SB 502. |
|
SB502 - PUBLIC HEARING |
||
|
025 |
Rick Berkobien |
Committee Administrator. Explains the bill. |
|
030 |
Lynn-Marie Crider |
Service Employees International Union, Local 49. Introduces herself. |
|
040 |
Joe DiNicola |
President, SEIU 503 Oregon’s Public Employee Union (OPEU). Submits and presents in support of SB 502 (EXHIBIT B). |
|
090 |
Joe DiNicola |
Continues to testify in support of SB 502. |
|
100 |
Crider |
Submits and presents written testimony to explain and provide support for SB 502 (EXHIBIT C). |
|
145 |
Chair Monnes Anderson |
Refers to sub section three (3) of SB 502. Asks healthcare facility representatives would be not involved in the rate setting commission. |
|
155 |
Crider |
Answers question. |
|
160 |
Crider |
Continues to explain the bill. |
|
190 |
Chair Monnes Anderson |
Asks Crider to repeat where more clarification is needed. |
|
192 |
Crider |
Re-states the section. |
|
195 |
Chair Monnes Anderson |
Clarifies that that the intent of the bill is to cover the ambulatory surgical centers. |
|
197 |
Crider |
Responds yes. |
|
200 |
Sen. Morrisette |
Refers to lines seven (7), eight (8), nine (9), on page one (1) of the bill. States that the section is not clear enough and it needs to be more specific. |
|
204 |
Crider |
Explains why the bill uses broad wording. |
|
207 |
Sen. Morrisette |
Again, states that the section could be clearer. |
|
209 |
Crider |
Continues to explain bill and address concerns. |
|
230 |
Chair Monnes Anderson |
Asks Crider to refer to line numbers instead of section numbers. |
|
232 |
Crider |
Continues to explain each section of the bill. |
|
265 |
Berkobien |
Asks if there will be extra provisions for the Oregon Health Policy and Research Office. |
|
270 |
Crider |
Answers, minimal. Elaborates. |
|
330 |
Crider |
Provides recommendations of the bill. |
|
380 |
Crider |
Refers to list of recommendations in testimony. |
|
410 |
Crider |
Summarizes and concludes. |
|
455 |
Maribeth Healey |
Oregonians for Health Security. Submits and presents written testimony in support of SB 502 (EXHIBIT D). |
|
TAPE 30, A |
||
|
015 |
Healey |
Continues to discuss support of SB 502. |
|
050 |
Steve Dixon |
Oregon State Public Interest Research Group (OSPIRG). Submits and presents written testimony in support of SB 502 (EXHIBIT E). |
|
085 |
Martin Taylor |
Oregon Nurses Association. Testifies in support of SB 502. |
|
125 |
Tim Nesbitt |
Oregon American Federation of Labor – Congress of Industrial Organizations (AFL-CIO). Testifies in support of SB 502. |
|
160 |
Ellen Penny |
Submits and presents testimony in support of SB 502 (EXHIBIT F). |
|
230 |
Ken Rutledge |
Oregon Association of Hospitals and Health System. Submits and presents written testimony in opposition to SB 502 (EXHIBIT G). |
|
290 |
Rutledge |
Continues to provide reason for opposition to the bill. |
|
340 |
Rutledge |
Continues to provide reason for opposition to the bill. |
|
390 |
Rutledge |
Continues to provide reason for opposition to the bill. |
|
420 |
Rutledge |
Summarizes and concludes. |
|
TAPE 29, B |
||
|
003 |
Chair Monnes Anderson |
Asks for the percentage of the costs from uninsured patients. |
|
005 |
Rutledge |
Provides percentages from 2002 and 2004. |
|
022 |
Chair Monnes Anderson |
Comments on hospital’s bad debt and the uninsured. Comments that amounts are still too much Oregonians. Adds that they want to find a program that works for Oregonians and cut costs that are being driven up. Adds that SB 502 is a start and hospitals need to address how to cut costs. |
|
047 |
Rutledge |
Comments on current Oregon statistics. Comments on rate regulations and the federal benefits Maryland receive. States that cost drivers need to be addressed first. |
|
095 |
Chair Monnes Anderson |
Asks to confirm that the cost driver is from low reimbursement rates. |
|
100 |
Rutledge |
States that that is one of many. Comments on other cost drivers. |
|
135 |
Rutledge |
Comments on per diem for Oregon and other states. |
|
155 |
Chair Monnes Anderson |
Closes public hearing on SB 502 and opens informational meeting for panel discussion on hospital rate regulation and transparency. |
|
PANEL DISCUSSION ON HOSPITAL RATE REGULATION AND TRANSPARENCY – INFORMATIONAL MEETING |
||
|
168 |
Murray |
Discusses other features of the rate setting program in Maryland. |
|
220 |
Colmers |
States that Murray and himself are not testifying in support or opposition of SB 502, but to answer questions. Comments on differences and similarities from Maryland to other states. |
|
270 |
Chair Monnes Anderson |
Refers to a previous comment by Rutledge on costs. Asks if Maryland hospitals rates paid for themselves. |
|
278 |
Colmers |
Asks the Chair if she is referring to regulatory costs or the additional cost of Medicaid. |
|
280 |
Chair Monnes Anderson |
Answers both. Comments on higher reimbursement rates in Maryland then it is in Oregon. Asks if a fee is charged |
|
283 |
Colmers |
Responds yes with Medicare. |
|
285 |
Chair Monnes Anderson |
Asks to clarify if they charge a fee to hospitals to run the program. |
|
286 |
Murray |
Answers that they are financed through user fees. Elaborates |
|
295 |
Chair Monnes Anderson |
Asks how much is from the general fund. |
|
296 |
Murray |
Answers, none. |
|
300 |
Chair Monnes Anderson |
Asks Murray or Colmers to clarify the difference of Medicare between Maryland and Oregon. |
|
310 |
Colmers |
Explains the difference. |
|
332 |
Chair Monnes Anderson |
Comments on number of companies dropping health insurance and asks for the uninsured rate in Maryland. |
|
340 |
Colmers |
Answers that it is about 13 to 14 percent. |
|
343 |
Chair Monnes Anderson |
Asks for the percentage of uninsured in Oregon. |
|
345 |
Colmers |
Answers about 17 percent. States that Maryland’s uninsured rate has remained consistent, unlike Oregon’s recent spike. |
|
347 |
Chair Monnes Anderson |
Comments that it has been due to the Oregon’s Health Plan (OHP). |
|
350 |
Rutledge |
Speculates that it was from a recession. |
|
358 |
Colmers |
Comments on Oregon’s increase in cost of bad debt and charity care and why Maryland addresses them both under uncompensated care, instead of separately. |
|
385 |
Berkobien |
Comments on shorter stay in hospitals in Oregon and asks why that may be. |
|
390 |
Colmers |
Provides speculation. |
|
404 |
Berkobien |
Asks why Oregon has a shorter stay than in Maryland. |
|
406 |
Colmers |
Explains that it is not a huge difference, and may be due to differences in medical practice. |
|
432 |
Sen. Morrisette |
Discusses start up costs for Oregon. Asks what kind of waiver Oregon could obtain without paying 200 million dollars. |
|
450 |
Colmers |
Answers question. |
|
TAPE 30, B |
||
|
020 |
Rutledge |
Clarifies previous comments on Medicare reimbursements. |
|
045 |
Colmers |
Suspects that it would still cover the uninsured patients. |
|
048 |
Sen. Morrisette |
Asks how a fiscal statement would be prepared and comments on start up costs. |
|
058 |
Colmers |
Explains how Maryland started out. |
|
070 |
Chair Monnes Anderson |
Clarifies that hospitals in Maryland were originally in agreement with the rate setting program. Asks how many hospital officials were on the commission originally and if there was a majority. |
|
073 |
Murray |
Answers that the law in Maryland and in SB 502, prohibit a majority of people who are connected with hospitals. Asks Colmers if there were healthcare officials on the first board. |
|
075 |
Colmers |
Answers, yes. |
|
080 |
Sen. Morrisette |
Asks who ran the hospitals when rate regulation started. |
|
082 |
Colmers |
Answers that it was Hospital Trusties and provides further explanation. |
|
085 |
Sen. Morrisette |
Asks to explain their motivation again. |
|
090 |
Colmers |
Answers question. |
|
094 |
Sen. Morrisette |
Asks how Oregon should set up in terms of hospital trustees. |
|
098 |
Rutledge |
Answers question. |
|
112 |
Sen. Morrisette |
Clarifies question. |
|
115 |
Rutledge |
Answer clarification. |
|
137 |
Colmers |
Comments on quality of staff in the hospitals in Oregon. |
|
155 |
Colmers |
Comments on failures of other states regulating the hospital rates. |
|
172 |
Sen. Morrisette |
Asks what mistakes West Virginia made that Oregon could avoid. |
|
178 |
Colmers |
Suggests that it would be worthwhile to research the information. Offers to return information to the committee. |
|
195 |
Murray |
Comments on Maryland’s timing implementing the hospital rate regulation. |
|
210 |
Chair Monnes Anderson |
Comments on need for transparency for hospitals. |
|
230 |
Rutledge |
Comments on possible website of hospital costs. |
|
240 |
Sen. Morrisette |
Comments on community hospitals in Springfield that have closed and that consolidation hurts small hospitals to benefit the larger hospitals. |
|
275 |
Rutledge |
Comments on consolidation of hospitals. |
|
290 |
Chair Monnes Anderson |
Expresses concern for high costs of healthcare. |
|
315 |
Chair Monnes Anderson |
Closes informational meeting for panel discussion on hospital rate regulation and transparency. Adjourns meeting at 7:30 p.m. |
EXHIBIT SUMMARY
A. Hospital Rate Regulation, PowerPoint presentation, Robert Murray, 20 pp
B. SB 502, written testimony, Joe Nicola, 2 pp
C. SB 502, written testimony, Lynn-Marie Crider, 7 pp
D. SB 502, written testimony, Maribeth Healey, 1 p
E. SB 502, written testimony, Steve Dixon, 2 pp
F. SB 502, written testimony, Ellen Pinney, 9 pp
G. SB 502, written testimony, Ken Rutledge, 11 pp