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Government Affairs Home > Washington Highlights > June 25, 2004

Committees Hold Hearings on Hospital Billing Practices

June 25, 2004 - The House Ways and Means Subcommittee on Oversight and Investigations June 22 held the first in a series of hearings on the tax-exempt status of hospitals and their hospital pricing practices, including whether the public receives a greater community benefit from not-for-profit vs. for-profit hospitals and the need for greater transparency of hospital prices. Witnesses included health care research experts, an employer health insurance purchaser, and representatives from the hospital community.

Subcommittee Chairman Amo Houghton (R-N.Y.) opened the hearing stating, "Hospitals seem to be stuck with a broken billing system. No one knows the costs of the services in advance. People receive bills for services where the charges appear too high… and that people without health insurance individually negotiate payment with hospitals, a process that creates anxiety and uncertainty."

Rep. Bill Thomas (R-Calif.), chairman of the full Ways and Means Committee, said it is appropriate to review the 501(c)(3) status of hospitals, suggesting that hospitals should have to justify their tax-exempt status, since they account for 41 percent of reported charitable expenditures. Rep. Thomas also questioned what not-for-profit hospitals do differently than for-profit hospitals.

Karen Davis, president of The Commonwealth Fund, suggested that non-profit hospitals admit more uninsured patients and provide more uncompensated care than for-profit hospitals and that "the burden for caring for patients who cannot pay is unevenly borne" with academic health center hospitals providing more uncompensated care than community hospitals.

Nancy Kane, a professor at Harvard Business School, stated that her research indicates "the quantifiable value of hospital tax exemptions greatly exceeds the average cost of charity care provided." Because tax exemption is not tied to the provision of medical services to the uninsured, Ms. Kane stated that policies determining eligibility for free or charity care are variable and determined by individual hospitals. Ms. Kane suggested that tying hospital tax exemption with the provision of medical services to the uninsured" would allow hospitals to "demonstrate how they 'earn' the value of their tax exemption." Ms. Kane also said that greater transparency of hospitals' charity care policies and charges would help uninsured patients "facing the possibility of medical debt - especially if prices can be stated meaningfully rather than in the form of a traditional hospital charge book."

Noting that health care consumers "have better information about the price and quality of the jar of tomato sauce they buy than for the surgeon who will operate on their breast and prostate cancer," Regina Herzlinger, a professor at Harvard Business School, suggested that the "publication of price and quality data for individual providers…will help ameliorate this problem."

Paul Ginsberg, Ph.D., President, Center for Health System Change argued that transparency on hospital price data "is most important in insurance products that use coinsurance" so that patients could know how much they will have to pay out of pocket. Dr. Ginsberg suggested that the complexity of hospital prices and the pitfalls of making negotiated prices public "argues for consumers depending on their health plans to negotiate contacts with hospitals and present them with information as to which hospitals will cost them more."

David Bernd, president and chief executive officer of Sentara Healthcare in Norfolk, Virginia, discussed the American Hospital Association's efforts to develop comprehensive principles and guidelines around better hospital billing and collections practices, stating, "hospitals are committed to increasing the transparency of our efforts to best serve our patients." Stated Mr. Bernd, "we agree that the current health care 'system' does not serve Americans in many ways, and that there must be more information available to consumers so they can make better decisions about their care."

Richard Morrison, regional vice president for governmental and regulatory affairs at Adventist Health System in Orlando, Florida, offered a history on hospital charges and described how hospitals bill patients based on their chargemaster. Acknowledging the tenuous relationship between hospital costs and charges, Mr. Morrison stated that charges are "still required by Medicare and by some insurance companies" and that Medicare audit cost reports and calculates outlier payments based on charges.

Randy Sucher, executive vice president and COO of for-profit Southern Medical Health System, Inc. in Mobile, Alabama, a for-profit hospital, suggested that high hospital charges "make up for those payors that often pay hospitals below cost" such as Medicare and managed care organizations and that high hospital charges are necessary to help offset the "losses on cases when complications occur, or when routine heart caths wind up involving expensive stents."

Harold Cohen, Ph.D., a self-employed consultant who was involved in establishing Maryland's Health Care Access and Cost Commission, which sets one rate for all insurance payors in Maryland, including Medicare and Medicaid, described the equitable benefits of such a system.

On June 24, the Energy and Commerce Subcommittee on Oversight and Investigations plans to hold a hearing solely on hospital billing and collections.

Information:
Lynne Davis Boyle, Assistant Vice President
AAMC Government Relations
ldavisboyle@aamc.org
(202) 828-0526

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