State Policy, Health Care Disparities, and the Invisible Hand of the Market

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State Policy, Health Care Disparities, and the Invisible Hand of the Market State Health Research and Policy Interest Group - Poster Session Academy Health Annual Research Meeting June 7, 2008 Washington DC Joel C. Cantor,* Michael Yedidia*, Derek DeLia*, Karl Kronebusch^, Amy Tiedemann* *Rutgers Center for State Health Policy & ^Baruch College Funded by AHRQ, Grant #R01-HS014191 1

Background New Jersey Certificate of Need (CON) reforms sought to increase access and maintain quality in diagnostic cardiac catheterization (CATH) Doubled the number of CATH facilities Strict quality regulations Incentives to reduce disparities 2

The New Jersey CON reforms 1996 - Two-year CON pilot program for low-risk CATH patients - Minimum volume & maximum % negative rules - Community Outreach/Access Plans required - Audited clinical data reporting 1998 - Low-risk CATH pilot extended - Disparity reduction criteria for cardiac surgery CONs - CON no longer needed for expansion of full-service CATH - Full service CATH facilities may graduate to cardiac surgery 2001 - Low-risk CATH program made permanent - Low-risk CATH facilities may graduate to full service 3

Study Design Compare trends in CATH utilization rates for incumbent and new facilities Semi-structured interviews with policy stakeholders (June-July 2005) 5 current regulatory officials/advisors 3 former regulatory officials 2 senior non-governmental stakeholders Semi-structured interviews with hospital officials (Summer 2007) Seven clinical staff and senior officials from three hospitals with increased percentage of black CATH patients 4

Number of facilities more than doubled & many have graduated to full service # of CATH Facilities Low Risk 80 Low Risk to Full Service Graduate Full Service Incumbent 70 Full Service to Surgery Graduate 60 50 40 30 20 10 0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Source: NJDHSS Regulatory Reports 5

New CATH hospitals smaller, lower-tech, not located in areas with many blacks INCUMBENT Facilities NEW Facilities No CATH Facilities % African American/ in market area 15% 13% 18% Mean # staffed beds 405 293 174 % with Teaching 37% 5% 0% # high-tech services (0 to 7) 2.47 0.75 0.33 Sources: NJ hospital discharge abstract data and AHA Annual Survey, 1999 6

Ratio of black to white CATH patients rose steeply in incumbent facilities Implementation of Pilot Project First low-risk graduate to full-service Sources: NJ hospital discharge abstract data (UB-92) 7

Policy Formation: Observations from Regulatory Stakeholders Hospitals very eager to provide CATH, seen as gateway to profitable services, great pressure to ease CON rules Pro-market ideology among senior advisors to Governor Regulatory officials committed to CON Feared over-use and quality problems Believed minority patients had poor access Commissioner of Health sought middle path Increase CATH capacity on pilot basis, strict quality checks Explicit focus on disparity reduction 8

Policy Implementation: Observations from Regulatory Stakeholders Difficulty establishing concrete disparity reduction goals Hospitals could select any underserved group in Outreach & Access plan No consensus on measurement CON regulatory enforcement focused on quality (minimum volume, % negative) rules Outreach & Access plan requirement seen as weak, applied only to newly licensed facilities, not enforced Ambitions to provide full-service CATH or cardiac surgery may provide incentive to improve minority access 9

Percent Black CATH Patients CASE STUDY HOSPITAL #1 20.0% 18.0% Implementation of Pilot Project First low-risk graduate to full-service 16.0% 14.0% 12.0% 10.0% 8.0% 6.0% 4.0% 2.0% 0.0% 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Source: NJ DHSS UB92 Hospital Discharge Billing Records 10

CASE STUDY HOSPITAL #1 600+ bed non-profit, system flagship hospital, 15% Medicaid or uninsured. Both total volume and the percent black patients increased after the reforms. I have no idea [why the proportion of black cardiac angiography patients has gone up], unless the local demographics are shifting. I hadn t noticed a trend like that, but of course, we don t look at our numbers like that. -- Chief of Cardiology 11

Percent Black CATH Patients CASE STUDY HOSPITAL #2 30.0% Implementation of Pilot Project First low-risk graduate to full-service 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Source: NJ DHSS UB92 Hospital Discharge Billing Records 12

CASE STUDY HOSPITAL #2 500+ bed, non-profit safety net hospital, 40%+ Medicaid or uninsured. New low-risk facility opened nearby in the early 2000s. we had a drop [in volume] because [a nearby] hospital opened a [new low-risk] cath lab. [Since then] the volume is increasing. For blacks, health care is very poor and obesity is very high. Diabetes is very high. Hypertension is very high. They get these at a young age, and as a result of that, coronary disease is increasing. -- Director of Cardiac Cath Lab Over the years, [our] hospital has gotten progressively better at [serving] minority groups, moving them through the system, [with] more advocacy. -- Manager of Cardiac Cath Lab 13

Percent Black CATH Patients CASE STUDY HOSPITAL #3 25.0% Implementation of Pilot Project First low-risk graduate to full-service 20.0% 15.0% 10.0% 5.0% 0.0% 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Source: NJ DHSS UB92 Hospital Discharge Billing Records 14

CASE STUDY HOSPITAL #3 400+ bed, major urban teaching center, 40% Medicaid or uninsured. Total CATH volume decreased in the late 1990s when a highvolume cardiologist with a mainly suburban clientele left. A new chief of cardiology was recruited. [Our new affiliated cardiology practice] draws more from the local community than [did the former] cardiology [practice]. When the volume converted to being more [from the new affiliated practice], we were seeing more area patients, which may explain the increase [in black patients]. I think that s the best interpretation of this data. But again, we ve never looked at this, so this is new to us. -- Assistant VP of Cardiology 15

Conclusions Regulations directed at disparities (e.g., Outreach & Access plans) appear ineffective Newly licensed facilities not located in markets with disproportionate number of blacks Regulations seen as weak, not enforceable Disparities reduced by incumbent facilities New competition for largely white, well-to-do patients from suburban hospitals Increased services to black patients Hospital leaders had difficulty articulating causes of change but they appeared to be market driven 16

Policy Implications Direct regulation to reduce disparities may be difficult Outreach & Access requirement apparently failed Limiting hospital service capacity may exacerbate disparities Strict limits may enable facilities to limit service to most financially attractive patients Awarding CON franchises to safety net hospitals no guarantee that access for underserved will be improved Market incentives are a possible tool for disparity reduction Tradeoffs inherent in goals of achieving high quality, limiting over-utilization, and reducing disparities 17