Wednesday, January 23, 2019

Legislative Update: Start of the New Session


In record-breaking time – literally, on the first day – committee assignments were made in the House and the work of educating new members on the issues before us began. There are far more new members than average, so many committees had to be juggled to balance the numbers of those with experience, and those without.
I was reappointed as Vice-Chair of the Health Care Committee, and as a case in point, only the chair and I have been in the legislature for more than one term. The rest of the committee is made up of those who were on the committee last session for the first time (4 of them) or who are brand new to health care (5). With such complex issues in health care, that means we are spending the better part of the first several weeks on an overview of the different parts of the system.
Icebergs Ahead
Health care will face both old and new priorities this year.
How do we adjust Vermont law to protect the stability of the Vermont insurance market given ongoing federal changes? Should those who take a free ride – fail to buy insurance that they could afford, knowing that the rest of us will pick up the cost if they end up in the hospital – face financial penalties? How do we help those who do not have access to any affordable way to get coverage?
Is there more we can do as a state to address drug pricing? What are the best responses to the crisis in access to mental health care? Is our “all payer” model for coordinating care across the payers (private, Medicaid and Medicare) and progressing as hoped? Is our health exchange (Vermont Health Connect) finally functioning as it should?
And one of the sleeper issues for this year: should Vermont shift from getting permission to add health information to a statewide electronic health record network (called “opt in”) to automatically adding it unless a person objects (“opt out”)?
Primary Care Access
One report we received last week was the results of the Household Insurance Survey which is conducted every three or four years to get a clearer picture of coverage issues. The big positives: our second-lowest-in-the-nation rate of uninsured – just over three percent – dropped even a tad lower. Also, the number of people who said they delayed or couldn’t afford needed health care dropped.
The negative: those who are considered under-insured increased. Under-insured means you have insurance, but the money you have to spend for co-pays or deductibles is an unaffordable percentage of your income. People in this category are in the income level just above those eligible for Medicaid, but are working in jobs that do not offer insurance.
There has been a clamor for a while about creating a “universal primary care” system to ensure that everyone has access to basic preventative and routine health care. This survey supports my perspective that the majority of Vermonters have really good access: almost everyone with Medicaid, Medicare or strong private coverage. I think we need to target our efforts on ensuring access for the much smaller group of uninsured or under-insured folks.
Mental Health
Our committee attended a community presentation on the efforts of the University of Vermont Health Network to address access to mental health care, and one part of CEO John Brumsted’s overview was striking. He said that the all-payer model is finally enabling the system to invest in meeting mental health needs.
That would be a striking sign of success in at least one aspect of this health reform initiative.
A key to the reform is that health care providers will eventually no longer get paid for each service they give. Part of the problem with that system was that the way a particular service was valued determined how much access there was. Mental health has a long history of being under-valued, and low reimbursements meant there was a dis-incentive to giving that care.
On the other hand, specific types of care fell in the opposite category. For example, some services actually created revenue for hospitals because they were reimbursed at more than what they cost to provide. That created a financial incentive to do more of those services. After all, even though they are non-profits, our hospitals still need to keep afloat financially.
The reformed model pays per-person for all of that person’s needs to keep healthy. The new incentive is to ensure care is well coordinated to avoid wasting resources, and to ensure that people get what they need early on, before needing more expensive services.
Because we now recognize how interconnected our mind and body are, we recognize that mental health is a crucial investment in keeping people healthy. According to Brumsted, the new flexibility of the payment reform is enabling UVM to move more money into mental health with the prospect of better health outcomes. The UVM network is moving more mental health providers onto primary health care teams. It is also developing a project to increase inpatient psychiatric capacity at Central Vermont Medical Center to help address the crisis in emergency rooms around the state, where some people wait weeks to get access to a hospital bed.
There is one clear consensus on this issue: we won’t resolve that crisis without investing in both hospital and community mental health service. Some of those people waiting in emergency rooms might not have ended up there if they had access to care before they reached a mental health crisis point.
Artificial Intelligence
Artificial intelligence and health care? Yes, it’s already here, and our committee attended a meeting of the new study commission that is working on recommendations for whether state oversight is needed. What is AI? Your email server may already be one that offers a choice of replies that you can click to answer a message sent to you. There are no people on the other end, reading your incoming email to identify answers you might want to send. Instead, there is artificial intelligence: a complex computer algorithm that scans for key words in the message to spit out (with amazing accuracy) your possible desired response.
There are a lot of health care applications that could get to the point of diagnosis and recommended treatment. That could be promising; it could be scary.
Picture going in for your annual physical. Your doctor states aloud some symptoms you’ve been having and her thoughts about causes. The computer (secured by voice recognition of the provider) has your full electronic health record, and might respond, “That is a reasonable diagnosis, but did you remember the family history of xyz? Perhaps a test for pqr is indicated in this situation.”
But think about the vast amount of information you already give out via the choices you make on your social media accounts, plus the tracking of your physical location you make available on various devices.
Research has shown that based on your online choices and the messages you send, it is possible to identify that you may be depressed. If you are now identified as walking towards a high bridge crossing, your iPhone could ping you to ask if you are OK and offer support. Do we want Google to be doing this?  What if instead of offering help, it automatically sends police to pick you up to involuntarily hold you for screening at a hospital?
In our grand balance of altruism versus personal liberties, there is a lot to think about in this brave new world.
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Forced Mergers
Act 46 established a statewide public policy to create larger school districts in order to ensure that students had more equal access to educational opportunities. Even though we have some local control of our budgets and thus our property taxes, all of us fund education on a statewide basis and the state has the obligation to ensure equal opportunity. Act 46 mandated larger districts, but first provided a window of time for communities to decide the best ways to achieve them locally. The new Paine Mountain School District (Northfield-Williamstown) is an example of a forced – yet self-directed – merger. We have reached the end of that window, and the law created a mechanism for reviewing alternative proposals from towns that did not establish a merger plan.
Berlin was one of those, and the state Board of Education rejected its alternative plan and has mandated an involuntary merger with a number of its surrounding, un-merged communities. These remaining communities are now crying foul, saying it is undemocratic for the state to overturn the decisions of local voters. The reality is more complex than that. Act 46 was passed as state public policy by democratically elected state legislators, and then allowed local decisions about how to accomplish the policy.
The issue now is how to address communities that appear to not be meeting that state policy. It would be very unfair to simply allow those communities to do as they please. Northfield might not have wanted to merge with Williamstown but did so in compliance with the law; others should not get to opt out by not complying. (As an aside, I would say the early evidence is that the Paine Mountain district’s school board is pursuing the exact benefits hoped for under the law. It is working as intended.)
On the other hand, we need to make sure as a legislature that our process for assessing the situation of those remaining communities is actually creating the intended result. If the alternative plans they developed are a better route towards the goal of equal opportunity, but the state Board of Education did not give adequate deference to how it met the goals, it would not be supporting that intent. Berlin, as a community, worked very hard to reach a solution that complied with the law, and we need to make sure that its plan was assessed fairly before being rejected. Yes, we in the legislature do sometimes create laws that have unintended consequences and don’t produce the results we wanted.
That is why I signed on to a bill proposing a moratorium – a delay – on the forced mergers until we have a change to do a more thorough assessment of whether we sent up the right process for making those decisions. My district-mate, Rep. Ken Goslant, also co-sponsored it.
It will be the Education Committee that ends up with the responsibility to do the “deep dive” and assess whether changes are needed, and propose a response for the full legislature to consider.
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It is truly an honor to represent you. Please contact me with your concerns and thoughts; I’m best reached via email at adonahue@leg.state.vt.us.