Gingrich and Perry Tout Texas Health Care Mess

texas_health_09_16794.jpg
Everything, they say, is bigger in the Texas. So it is with the failure of the health care system. Leading the nation with a jaw-dropping 25% of its residents uninsured, Texas ranked 46th in the Commonwealth Fund's 2009 scorecard of state health care performance. All of which makes Friday's op-ed by Newt Gingrich and Governor Rick Perry touting the mess in Texas all the more puzzling.

Just two days after the CBO dismissed a House Republican plan that would barely dent the rolls of the uninsured, Perry and Gingrich blasted Democratic health care reform in a Washington Post screed titled, "Let States Lead the Way." Besides dredging up Newt's worn out 1990's vintage talking points on unfunded mandates, the duo insist it is the Lone Star State which should be at the front of that vanguard:

Texas, for example, has adopted approaches to controlling health-care costs while improving choice, advancing quality of care and expanding coverage. Consider the successful 2003 tort reform. Fewer frivolous lawsuits have attracted record numbers of doctors to the state as medical malpractice insurance premiums dropped by half. Christus Health, a large Catholic nonprofit system with a significant presence in Texas, spent about $100 million on liability defense payments in 2003. Last year, Christus spent $2.3 million on such payments. Much of that savings has gone into expanding health-care services in low-income neighborhoods.

As the Post's Erza Klein asks, "how's that working out?"

The answer, of course, is quite poorly. While from 2007 to 2009 Texas nudged its way from a horrific 48th to a merely miserable 46th in the Commonwealth Fund rankings, the health care system there remains an ongoing calamity for its residents. Among the poster children for the failure of red state health care, Perry's state brought up the rear across the five indicators measured. When it comes to health care access and equity, Texas is dead last. (See table above.)

While it is predictable that Republicans Gingrich and Perry cite Texas' draconian tort reform law as an example for the nation, the data is far from clear as to its benefits in actually reducing malpractice premiums, lowering costs and attracting physicians to the underserved state.

As I previously noted in "Republican Malpractice Myths," it comes as no surprise that a cavalcade of GOP leaders, including Perry, Sarah Palin, John Cornyn and John Kyl cited the same study showing malpractice awards caps enacted in 2003 in Texas fueled an increase in the number of physicians in the Lone Star State:

According to the Pacific Research Institute, medical licenses in Texas have increased 18 percent in the last four years, with 7,000 new doctors moving to the state.

The actual impact of the Texas law, however, remains in dispute. The state's rising population, its 48th place ranking in physicians per capita, its staggering percentage of uninsured, its lack of an income tax and the 147% jump in malpractice premiums in 2003 alone make gauging the unique contribution of malpractice caps difficult to assess. Regardless, health care costs in Texas have continued their upward spiral.

What seems beyond dispute is that other similar malpractice cap states like Mississippi have not seen an influx of new doctors. The Jackson Free Press took exception to Governor Haley Barbour's claim that tort reform meant that physicians "have quit leaving the state and limiting their practices to avoid lawsuit abuse":

But non-partisan facts show that doctors were never really leaving the state in the first place. A 2003 Government Accountability Office report, "Medical Malpractice: Implications of Rising Premiums on Access to Health Care," took a hard look at five medical "crisis" states--Mississippi, Nevada, Pennsylvania, West Virginia and Florida--and dismissed reports of doctor emigration from states.

Information compiled by the American Medical Association--which supports tort reform and President Obama's vision of health reform--shows that the number of physicians in Mississippi rose steadily in years leading up to tort-reform legislation in 2004, and even slowed its increase following 2004.

From 2004 to 2005, the state actually recorded no increase over the 5,872 doctors counted in 2004, and added only 18 new physicians in 2006. The year 2007 reflected an increase of 71 physicians--still less than the 145-increase between 2000 and 2001 and the 99-doctor increase between 1998 and 1999. Even the time between 2002 and 2003--arguably the years of the worst tort abuse, according to tort-reform proponents--experienced a growth in the state doctor population of 140.

Ironically, to the degree that Texas and other red state bastions of medical misery have made minor improvements in recent years, the credit in large part goes to the federal government and the expansion by Democrats of initiatives like the State Children's Health Insurance Program (SCHIP). As the Commonwealth Fund concluded its 2009 study:

The 2009 State Scorecard paints a picture of health care systems under stress, with deteriorating health insurance coverage for adults and rising health care costs. On a positive note, there were gains in children's coverage as a result of national reforms, and improvement in some measures of hospital and nursing home care following federal efforts to publicly report quality data.

In a final irony, as Klein suggests, there is a Republican Governor with whom Gingrich could have partnered to make the case for the states as the laboratories of health care reform: Mitt Romney. Thanks to its own insurance mandate passed during Mitt's tenure, the percentage of uninsured in 6th ranked Massachusetts has dropped to 3%. But as Klein muses:

Romney, however, disowned his bill after he realized the Republican base didn't like health-care reform.

Regardless, when it comes to a model for reforming the U.S. health care system, don't mess with Texas.

(This piece also appears at Perrspectives.)



Login or Register to post comments.

24 comments

for I am nay giving hard earned cash to some greedy slob in a suit so he can make his Mercedes payment.

[Comment Deleted By Administration For Violation Of Terms Of Service]

if they insure illegal aliens down there?

I bet a lot of Texans cross the border to get their surgery done in Mexico.

Actually there is a booming industry along that line. It has grown to the point that it has it's own name, medical tourism. Mexico and India are two of the major destinations. I can tell you from my own experience that I can get a whole battery of tests for everything from blood counts, blood chemistries, chest x-ray, EKG, prostate antigen, and urinalysis for less than half of what it cost me just to do the blood chemistries in the US. And the technology is the same using the same machines and the same reagents to do the work.

And no, they don't even insure citizens so there is no way that they insure undocumented people. Perry has it set up so the lowest percentage of kids eligible for SCHIP are actually enrolled of any state in the union. (You have to reenroll every six months.) In addition, for the state government to pick up the tab on medical costs, a person has to be earning less than 20% of the poverty level. Can you imagine an income of $4,000 a year or less being the cutoff for state assistance?

e cutoff for state assistance?"

Yes I can and as a single mother, I've seen similar tactics with every single program that's come down the pike to help people in poverty.

They are under funded programs, which the Republicans will pull out to "prove" that government programs don't work and are not worth funding. See how that works?

As a Texan, the state of health care in our state is an embarrassment, no question. I'm lucky. I have insurance. But thatnks to tort "reform," it's still possible to take a huge financial beating if you're seriously injured in Texas.

I had a double spinal fusion a while back. C5, 6 &7. My surgeon recommended the old school bone graft fix. The fusion went just fine. But two days after I got home my the saddle of my pelvis snapped off when I was getting up from a chair. Crack. Ouch.

It turned out my doc had had his assistant take the two bone plugs. The assistant messed up one of the plugs and had to take a third plug. She took all three half inch round plugs in a straight line, right above where the major muscle groups of the upper and lower body attach. In the ER x-ray, it looked like I'd taken three hits from a 50 cal machine gun. It was inevitable that the pelvis would snap.

Never felt pain like that. I've had a dozen major orthopedic surgeries and I've never felt pain like that. I had to return to the hospital for ten days under heavy pain meds before I could even take a few steps with a walker. Took three years before I could walk around or even wear pants. Five years on and it still hurts. If ever there were a classic malpractice injury, this was it.

But thanks to tort "reform" limits, unless you lose a limb - or they kill you - you have little if any chance of even finding an attorney to take your case. Juries and judges tend to save the $250,000 maximum for cases of death. A case like mine is worth a maximum of $50,000 or so. I was unable to find a competent attorney willing to take the case for a third of $50,000. Not worth their time or effort.

The upshot is I had to absorb the hit for not being able to work for several years. Cost me well into 6 digits just in lost wages. And it's still costing me. I lost my job and as a result in another year I'll lose my COBRA coverage. I had to go far into debt just to scrape by. Were it not for the support of family and friend, I don't know what I would have done.

My surgeon felt terrible. In fact, he was so distraught he resigned a year earlier than he had planned. All well and good, but it doesn't do me any good.

Tort "reform" doesn't just stop frivolous claims, never an appreciable percentage of filings to begin with. It stops people from getting fair compensation even for legitimate claims. My father, a retired CEO of a Very Large Insurance company, tells me tort "reform" is one of the greatest gifts ever given to the industry.

Texas being Texas, we'll probably never roll back these unfair limits on claims. But I'll be damned if I'll sit by and watch others be denied a fair shake. Obviously universal coverage is and should be the major focus of progressives and liberals. But let's not do it by kow-towing to big bidness with bogus tort reform.

have had to suffer because of these bastards. Stories like yours need to get out. My father was a malpractice attorney and did his job not because he was a greedy bastard, but because he believed in people having the representation they needed to stand up against Big Pharma, hospitals and doctors, many of whom have no interest in the welfare of their patients, but the welfare of their wallets.

I have seen many awful boondoggles: A lawsuit where the doctor was drunk on the job and gave a patient who was in a hospital for pnemonia, triple the dose of a drug via shot, while his nurse stood by and allowed it to happen.

The man ended up deaf and blind permanently. Both the doc, the hospital and the attending nurse were sued.

Another where a woman who what she thought was some mysterious skin diesase and as her skin rotted, the wound grew and her pain was unbearable, she was repeatedly told to go home and not worry about it. Turned out she had an easily diagnosable spider bite, but since the doc wasn't interested in taking the time to investigate a little further from his first assumptions, this woman permanently lost important muscle tissue at her shoulder level that she could never regain. She had a permanent scar that was nearly a foot wide and lost use of her shoulder and upper arm.

The lawsuit at least helped her to be able to have some reconstructive surgery and regain some use of her shoulder.

Tort reform is a horrendous hit on the regular person's right to recover relief from carelessness and greed.

Tort reform: Just another way the repiglican scumbags protect corporations by screwing the victim.

We had an obvious case of malpractice in our family here in Michigan - which thanks to fat boy Engler and the GOP psycho's in the 90's has near impossible tort standards, and the lawyers wouldn't even waste their time. This, despite the fact that very wealthy in-laws were going to bankroll the cause.

Just another day in the corporate fascist states of america.

I hear you, friend. I had C6 and C7 fused. My hip hurt for ten years. My surgery was performed in Northern Virginia. When I was transferred to Texas 14 years later, Governor George W. Bush tried to have me fired, and subsequetly succeeded, for for filing a workers compensation claim.

Fortunately, Senator Ted Kennedy and the Democrats had just passed the Americans With Disabilities Act and I sued the state of Texas under that act and won. I had been steadily employed (with a disability) in east coast cities for 35 years and there was NO way I was about to let the state of Texas put me on the street!

Last February my dentist sent me a bill for $198 for missing an appointment. I'm a school teacher and had a situation with one of my trouble students and could not leave the classroom to go to the dentist. When I BITCHED about the excessive amount she went into denial. I had the billing as proof! On the next billing cycle she billed me over $300 for various charges left unpaid by my dental insurance... (This was from about $1800 worth of work over-all) and NOT A NICKLE FOR THE MISSED APPOINTMENT. I told her to go fuck herself on the phone. When she said she was going to turn my account over to a collection agency, I told her I would pay $50 per month. She's such a GREEDY BITCH she accepted the payment plan. So far I've made one payment... and I think I might let it go to collection... then negotiate a LOWER AMOUNT with the collection agency and pay out of it, just to get her off my back.

?

Are no joke. Sad but true, she's got you over a barrel here. Going into collections alone can mess up your credit rating and those guys are really thugs with no scruples or mercy. I had a situation a couple years ago where someone had stolen my ID to start a Banana Republic account in my name and ran up 300 USD in purchases. I didn't find out about the bill until years later, because the place where I'd worked before (I had my mail sent to my workplace) had not bothered to forward my mail. By then, the bill had gone into collections. They did not care that it was an ID theft or that I was not in the country at the time the purchase was made and so therefore could not have possibly made the purchase. Not their problem. They told me I could contest the charge, but I had over a 90 percent chance of losing my case. Moreover, even though they were willing to negotiate a lower amount, this would negatively impact my credit rating (which has already suffered from the very fact that this charge went into collections in the first place). I paid the entire 300 USD. Don't imagine that going into collections is better than settling with the dentist.

Now you can tell your greedy dentist that you and millions of other Americans will have access to toothpaste that remineralizes our teeth. That means we will no longer have to go to rip-off dentists twice a year for a "professional" cleaning. If this puts hygienists out of work, who cares? In Europe, there is no such thing as a dental hygienist!

)O(

perry turned down the stimulus money to help pay for the state's unemployment compensation,

But took a million or so to repair the state mansion.

Atul Gawande recently did an expose of the stellar medical care in one Texas border town in the New Yorker. Essentially, the entire town was colluding in Medicare fraud so, yes, they had had an explosion of doctors coming to the state but, no, it wasn't because of 'tort reform.' It was because of the state's warm embrace of the culture of greed and willful and defensive blindness about abuses of government medical programs. The sad thing is their cost per Medicare/Medicaid patient was 4x the national average and yet patients were in overall poorer health than average. Great model for the rest of the country.

From other things I've read, I do not believe that malpractice premiums have gone down at all, but I don't have figures. Does anyone know where to get actual numbers?

And one thing I read yesterday is that the number of complaints against doctors submitted to the licensing board has exploded. It seems that the increase in doctors here may be that the quacks from other states have moved here, or been driven out of wherever they came from.

Why doesn't this site let you log in and reply to a particular comment at the same time? Every time I try to do this, it adds my comment as a new comment, which it isn't.

it shows all comments that are new to you.
anything that wasn't there the last time you refreshed will show as "new", including your "new" comment.

California reformed its malpractice laws awhile back, to much ballyhoo of how it would dramatically reduce the cost of health insurance. The result was the opposite: insurance rates just kept going up. We've had these miserable examples coming out of the states' "laboratories" for years now, but it hasn't deterred the enemies of decent health insurance reform from continuing to blather idiocies and lies to shore up untenable positions. Don't like the reality? Ignore it, and maybe you can convince everyone else too, as well.

I am surprised that this blog post never mentions Atul Gwande's article about McAllen Texas, published in the New Yorker a few months back. The town with the highest healthcare costs in the nation is , yup, McAllen, TX. Gwande's investigation concluded that the costs are due to Texas doctors using the health care system to get rich. Many of them invest in businesses that do diagnostics and then refer their patients for expensive unecesary tests in order to make money.

Why is it all the people that claim higher fines and more draconian punishment on the poor for whatever crime they claim is destroying our country are for lowering all financial consequences to actually harming people for incompetence?

The Republican Motto -
Punish those that harm people to the FULL EXTENT OF THE LAW!!!*
* May not apply to those over the federal poverty level

We actually have Death Panels in Texas: The Texas Advance Directives Act (1999). Literally,. Signed into law by Bush as Governor.

24 comments

Login or Register to post comments.