[House Hearing, 112 Congress] [From the U.S. Government Publishing Office] HEALTHCARE REALIGNMENT AND REGULATION: THE DEMISE OF SMALL AND SOLO PRACTICES? ======================================================================= HEARING before the SUBCOMMITTEE ON INVESTIGATIONS, OVERSIGHT, AND REGULATION COMMITTEE ON SMALL BUSINESS UNITED STATES HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS SECOND SESSION __________ HEARING HELD JULY 19, 2012 __________ [GRAPHIC] [TIFF OMITTED] TONGRESS.#13 Small Business Committee Document Number 112-080 Available via the GPO Website: www.fdsys.gov U.S. GOVERNMENT PRINTING OFFICE 76-486 WASHINGTON : 2012 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202�09512�091800, or 866�09512�091800 (toll-free). E-mail, [email protected]. HOUSE COMMITTEE ON SMALL BUSINESS SAM GRAVES, Missouri, Chairman ROSCOE BARTLETT, Maryland STEVE CHABOT, Ohio STEVE KING, Iowa MIKE COFFMAN, Colorado MICK MULVANEY, South Carolina SCOTT TIPTON, Colorado JEFF LANDRY, Louisiana JAIME HERRERA BEUTLER, Washington ALLEN WEST, Florida RENEE ELLMERS, North Carolina JOE WALSH, Illinois LOU BARLETTA, Pennsylvania RICHARD HANNA, New York ROBERT SCHILLING, Illinois NYDIA VELAZQUEZ, New York, Ranking Member KURT SCHRADER, Oregon MARK CRITZ, Pennsylvania JASON ALTMIRE, Pennsylvania YVETTE CLARKE, New York JUDY CHU, California DAVID CICILLINE, Rhode Island CEDRIC RICHMOND, Louisiana JANICE HAHN, California GARY PETERS, Michigan BILL OWENS, New York BILL KEATING, Massachusetts Lori Salley, Staff Director Paul Sass, Deputy Staff Director Barry Pineles, Chief Counsel Michael Day, Minority Staff Director C O N T E N T S ---------- OPENING STATEMENTS Page Hon. Mike Coffman................................................ 1 Hon. Kurt Schrader............................................... 2 WITNESSES Mark Smith, President, Merritt Hawkins, Irving, TX............... 2 Louis F. McIntyre, M.D., Westchester Orthopedic Associates, White Plains Hospital Physicians, White Plains, NY................... 4 Joseph M. Yasso, Jr, D.O., Heritage Physicians Group, Independence, MO............................................... 6 Jerry D. Kennett, M.D., F.A.C.C., Senior Partner, Missouri Cardiovascular Specialists, Vice President and Chief Medical Officer, Boone Hospital Center, Columbia MO.................... 8 APPENDIX Prepared Statements: Mark Smith, President, Merritt Hawkins, Irving, TX........... 29 Louis F. McIntyre, M.D., Westchester Orthopedic Associates, White Plains Hospital Physicians, White Plains, NY......... 35 Joseph M. Yasso, Jr, D.O., Heritage Physicians Group, Independence, MO........................................... 39 Jerry D. Kennett, M.D., F.A.C.C., Senior Partner, Missouri Cardiovascular Specialists, Vice President and Chief Medical Officer, Boone Hospital Center, Columbia, MO....... 44 Additional Materials for the Record: ``So Long, Marcus Welby: Obamacare, Market Kill the Solo Private Practice,'' by Bruce Japsen, Forbes................ 51 ``Henninger: Obamacare's Lost Tribe: Doctors,'' by Daniel Henninger, The Wall Street Journal......................... 55 ``More Doctors Giving Up Private Practices,'' by Gardiner Harris, The New York Times................................. 58 ``Is Private ObGyn Practice on its Way Out?'' by Lucia DiVenere with OBG Management Senior Editor Janelle Yates, OBG Management............................................. 64 ``Demise of the Solo Doctor,'' by Parija Kavilanz, CNN Money. 72 ``A Small Business Plan All Can Agree On,'' Chairman Sam Graves, POLITICO........................................... 75 HEALTH CARE REALIGNMENT AND REGULATION: THE DEMISE OF SMALL AND SOLO MEDICAL PRACTICES? ---------- THURSDAY, JULY 19, 2012 House of Representatives Committee on Small Business, Subcommittee on Investigations, Oversight and Regulations Washington, D.C. The Subcommittee met, pursuant to call, at 10:00 a.m., in Room 2360, Rayburn House Office Building. Hon. Mike Coffman (chairman of the subcommittee) presiding. Present: Representatives Coffman, Tipton, Schrader, and Hahn. Chairman Coffman. Good morning. The meeting is called to order. I want to thank our witness list for being here today. We look forward to your testimony. Today, we meet to examine the changing landscape of small and sole position practices. For many years, newly-licensed physicians typically joined a private practice or open one of their own. According to Merritt Hawkins, a national physicians' recruiting firm, whose president is testifying today, only 1 percent of its searches in 2011 were for independent practices, the lowest in the firm's 28-year history and down from 22 percent in 2004. Many people believe that small and solo practices in order to survive, they will look very different than the medical practices in past years. These shifts appear to be rooted in the increasing economic pressures, younger physicians, they want freedom from the long hours and administrative burdens of owning a private practice and they need financial help with student loans, medical liability insurance, and health information technology. Established physicians have cited declining reimbursements and increasing regulations such as the reporting requirements for health information technology and the push towards accountable care organizations as reasons small and solo practices have become economically unsustainable. In a recent Wall Street Journal op-ed, Daniel Henninger described practicing medicine as a health care law's biggest loser. We are interested in learning how all of these factors, including the requirement of the health care law which was upheld by the United States Supreme Court may affect small practices. We have an exceptional panel of witnesses to help us understand these issues. Welcome, we look forward to your testimony. Dr. Schrader, do you have any opening---- Mr. Schrader. I will just submit mine for the record, Mr. Chairman. Thank you. Chairman Coffman. Thank you. The subcommittee members have an opening statement prepared and that is within the Senate for the record. I would like to take a moment to explain the timing lights to you. You will each have five minutes to deliver your testimony. The light will start off as green. When you have one minute remaining, the light will turn yellow. And, finally, it will turn red at the end of your five minutes. I ask that you try to adhere to the time limit. Our first witness today is Mark Smith, president of Merritt Hawkins in Irving, Texas, a leading physicians' recruiting firm for small, independent practices, group practices, and hospitals. Mr. Smith has over 21 years of experience with Merritt Hawkins and is an expert in medical staff planning and physician staffing. He is a graduate of Oregon State University. Welcome. You have five minutes to present your testimony. STATEMENTS OF MARK SMITH, PRESIDENT, MERRITT HAWKINS; LOUIS F. McINTYRE, M.D., WESTCHESTER ORTHOPEDIC ASSOCIATES, WHITE PLAINS HOSPITAL PHYSICIANS; JOSEPH M. YASSO, JR, D.O., HERITAGE PHYSICIANS GROUP; JERRY D. KENNETT, M.D., F.A.C.C., SENIOR PARTNER, MISSOURI CARDIOVASCULAR SPECIALISTS, VICE PRESIDENT AND CHIEF MEDICAL OFFICER, BOONE HOSPITAL CENTER STATEMENT OF MARK SMITH Mr. Smith. Thank you. Mr. Chairman and distinguished subcommittee members, good morning. My name is Mark Smith and I am president of Merritt Hawkins Associates, the largest physician search consulting firm in the nation and a member of the AMN Health Care. In the course of my 22 years at Merritt Hawkins, I consulted with thousands of physician practices and my company has produced numerous white papers, surveys and books concerning physician practice pattern related topics. I appreciate the opportunity today to address the subcommittee on the decline of solo and small physician practices. For those who remember the ``Marcus Welby, M.D.'' nightly TV show, we still have an image in the mind of a physician as a small business owner running their own practice. This classic model of an independent physician practice still exists today, but is rapidly becoming a relic of a bygone era. Today, physicians are more likely to be employees than they are to be medical practice owners. This is particularly true of medical residents completing their training. In the 2011 survey of final-year medical residents by Merritt Hawkins, only 1 percent chose to be a solo private practice physician. By contrast, 60 percent said they would prefer to be either a hospital employee or work for another entity. In short, virtually no one wants to be a Marcus Welby anymore. This represents a fundamental transformation and structure of physician practices away from the classic private practice model and towards employment and an increasing number of other practice options. The five primary reasons for this transformation taking place: flat or decline in reimbursement, growing regulatory and administrative burden, malpractice costs, information technology implementation, and the effects of health reform, both the legislative and evolutionary. First reimbursement. For today's Marcus Welby, both Medicare and private insurers typically pay physicians for usual and customary charges. Physicians generally were paid for services invoiced in an amount above the cost of doing business. This system has been repeatedly modified in an effort to reduce cost and to manage care. Physician reimbursement in some cases has been cut or has not yet faced with inflation. As a result today, physicians see little connection between their costs and the amount to which they are reimbursed. This is a difficult business model to sustain. Some small private practices are having trouble keeping their doors open. There have even been reports in recent months of a growing number of practices going out of business, something I have not seen in my 24 years with this organization. By contrast, employment provides physicians safe harbor from today's challenges and from the uncertainties that lie ahead. Regulatory burdens, virtually all businesses are subject to regulatory compliance of some kind. Medical practices are no different. As a small business owner, physicians must abide by Equal Opportunity and worker safety laws, state and local ordinances, and many other rules and regulations. Adding a layer of complexity, physicians must work in the most highly of all regulated professions, having to comply with HIPAA, stark laws, Medicare, and many other regulations. It is concerning to me that a survey conducted by Merritt Hawkins stated that physicians spend 26 percent of their time doing paperwork. Many physicians see employment as a way to escape the rising tide of risk and regulation and allow them to focus on patient care. Malpractice. Among the greatest cost of doing business, small business owners must pay for their own malpractice insurance, the cost of which could be debilitating. For example, the annual premium for malpractice in some parts of Florida for an obstetrician can exceed $160,000 a year. As malpractice rates remain high, the former becomes an attractive option to physicians, as employers typically pay for this benefit. For a variety of reasons, physicians are obliged to incorporate a growing level of information technology into their practice, particularly EMR or Electronic Medical Records. While the federal government has provided reimbursement funds for physicians to implement EMR, many still find it difficult due to a lack of time and available expertise. EMR implementation is the key example of resources, expertise, and time a small medical practice are being taxed in today's increasingly complex medical environment. A growing number of physicians are embracing employment again as potential refuge from these challenging concerns. Health reform is a driver of a number of health care trends, including the decline of small, private practices.Health reform encourages the consolidation of physicians into larger entities to be economies of scale. In addition, health reform promotes the formation of new delivery models such as Accountable Care Organizations or ACOs which depend upon hospital and physician alignment in the use of advanced information technology. ACOs are also risk-bearing entities and as such require a high level of administrative and business expertise and it is difficult for a solo and all practice physicians to participate in these models, which naturally lend themselves hospital employment for physicians. Combined, these factors with others have created conditions in which small, private practice is increasingly untenable. This model is only likely to survive in small, rural areas, where there are few physicians and even in these segments, physicians will need to affiliate with larger entities. Otherwise, physicians are likely to be employed by multi- physician groups like hospitals and the era of Marcus Welby will rapidly disappear into our rearview mirror. Thank you for the opportunity to address the subcommittee for examining the challenges facing America's solo and small practice physician. Chairman Coffman. Thank you for your testimony. At this time, our next witness is Louis F. McIntyre, a medical doctor, a board-certified orthopedic surgeon practicing in White Plains, New York. Dr. McIntyre and his partners had operated a small practice since 1994, but in the fall of 2011, they sold their partnership to a hospital group and joined the hospital's employees. He earned his medical degree from the New York Medical College at Valhalla. How do you say it? Mr. McIntyre. Valhalla. Chairman Coffman. Valhalla. Mr. McIntyre. Land of the gods. Chairman Coffman. Okay. Dr. McIntyre is a member of the American Association of Orthopedic Surgeons and is testifying today on their behalf. Welcome. You have five minutes to present your testimony. STATEMENT OF LOUIS F. McINTYRE Mr. McIntyre. Thank you, Mr. Chairman and members of the committee to allow me to testify today and tell my little small practice story. I joined Westchester Orthopedics in 1994. The practice resided in a small office and we had a few employees and we wanted to grow the practice and improve the quality of care that we delivered. So, in 1995, we moved to a much larger office space, hired more physicians, free parking. Patients love free parking, and added more docs. The late 1990s brought two challenging trends: decreasing reimbursement and increasing business cost. We needed more employees to handle the clerical demands and by managed care and yearly malpractice premiums went from $40,000 to $110,000 per doctor from 1994 to 2011. As a small practice, we were unable to negotiate favorable rates because we did not have market share. We formed a network of orthopedic surgeons to try to change that, but we were unable to affect rates because of anti-trust concerns. To remain viable, we added more doctors in ancillary services and implemented an electronic medical record. Our total cost for the EMR implementation was about $500,000, which represents about $100,000 per doctor. Initially, we saved some money with EMR, but over time, that was negated by the need to upgrade the system and hire data entry personnel. We built an ambulatory surgery center and acquired additional office space to build a physical therapy center to standardize the quality of the physical therapy that our patients received. When completely configured, we had just under 50 employees. All had health insurance, all had a generous profit-sharing plan, all had paid vacation and leave and sick leave. Patients appreciated the convenience of being able to receive all their musculoskeletal care in one coordinated and contiguous setting. The negative pressure on reimbursement, however, continued. The American Academy of Orthopedic Surgeons estimates that orthopedic surgeons with Medicare reimbursement revenue decreased 28 percent in the last decade alone. Reimbursement from private payers has also fallen and practice costs, unfortunately, continue to rise. Laws recently passed by Congress have further stressed private practice. The American Recovery and Reinvestment Act mandated the adoption of EMR for all physicians serving Medicare patients. Even though we had previously implemented an EMR, the meaningful use criteria accompanying the regulations still represented a significant cost burden for us in terms of data collection and quality reporting rules. The Patient Protection and Affordable Care Act proposes new, complex risk-sharing methodologies that many small practices, if not most, will not be able to comply with. The combination of decreased reimbursement, increased reporting requirements, huge outlays for technological improvements, and uncertainty about future potential earnings are driving physicians to seek employed positions. Doctors know that they cannot meet all the demands placed upon them now and see patients at the same time. According to the AAOS, the employment of orthopedic surgeons by hospitals has increased 300 percent in the last 5 years. Last year, we decided to become hospital employees. This year, the other orthopedic group in our town also is going to become employees of the same hospital. The multi-specialty group next use, WESTMED, has 225 employee positions. Clearly, the employee model is winning in Westchester County. There are advantages for employee positions. Doctors have more financial security with a salary, they do not have to worry about losing money taking care of uninsured patients, they are free from dealing with some of the troublesome human resources and IT issues, but employment, however, significantly decreases physicians' autonomy and infecting the care environment. Physicians are in a unique position to interact with patients on a daily basis and identify deficiencies in care. Physicians' ability to advocate for patients is diminished by employment because they no longer manage the care environment. As more physicians seek employee positions, there will be a generation of physicians who will never experience private practice and the business of taking care of medicine. They will be unaware of the costs and management issues of providing care. There is concern that an employed position will see less of a need to join medical specialty societies that have added great value to patient care. How these concerns will affect the profession is unknown at this time. In the future, I fear that physicians may unionize to protect their economic interest. I believe this would herald the end of medicine as a profession and the start of medicine as trade associations. It is rarely mentioned, but private practice employs people and pays taxes. A recent study conducted by the Medical Society for the State of New York showed that the private practice of medicine was the fifth largest employer in Westchester County, second in business establishments, third in personal income taxes paid, and seventh in corporate sales taxes paid. As a hospital employee, our practice is now tax-exempt. The loss of employment and tax revenue resulting from private practice physicians migrating to hospital employment may be significant and worthy of further study. Finally, there will not be employed positions for all the doctors in Westchester County or the United States. There is and will continue to be an increased need for physicians, especially with the implementation of PPACA in 2014. If private practice disappears, patient access to care, local employment, and tax revenue will suffer. We need to strengthen private practice as well as other models of health care delivery to ensure patient access to quality of care. Thank you for the opportunity to share these thoughts. Chairman Coffman. Thank you, Dr. McIntyre. Our next witness is Joseph Yasso, junior doctor of---- Mr. Yasso. Osteopathic medicine. Chairman Coffman. Osteopathic medicine, I am sorry. A board-certified family physician, medical physician, and medical director of the Heritage Physicians Group in Independence, Missouri. He is a member of the American Osteopathic Association and is testifying today on their behalf. Welcome. You have five minutes to present your testimony. STATEMENT OF JOSEPH YASSO Mr. Yasso. Thank you. Chairman Coffman, Ranking Member Schrader, and members of the subcommittee, on behalf of the American Osteopathic Association, thank you for the opportunity to testify today. As a board-certified osteopathic family physician, I proudly treated patients for over 30 years. My current practice is comprised of three physicians, including myself and a family nurse practitioner. We are owned by the Hospital Corporation of America. Today, I am pleased to share with you my personal experience of how impactful health care realignment and regulations are upon decisions made by new and established physicians alike. After leaving the Army in 1980, I entered a small practice with two other physicians that we ultimately chose to sell in 1992, due to multiple financial and regulatory concerns similar to those my colleagues in practice are facing today. Today, physician practices face new demands as required by statute and regulation. These include the adoption of electronic health records and electronic prescribing systems, preparation for coding under ICD-10, implementation of quality measures, and adjusting to other changes in the health care delivery system. These additional policies and procedures are important and are primarily beneficial to efficiency as well as to providing improved patient care. However, each new requirement can be quite costly to the physician practice operating as a small business. The burden on small practices is particularly disproportionate, detracting from the time available for patient care. In addition, the looming physician payment cuts under the SGR for small practices with limited revenues and narrow margins to make difficult decisions about whether to lay off staff, reduce the Medicare patient population, defer investments, opt for early retirement, or sell their practice. My first small practice of three buckled to these concerns and we opted to sell. Today's medical school graduates are faced with difficult decisions after completing their education and training. The average osteopathic medical school graduate has a debt nearing $200,000. As you can imagine, this makes the prospect of opening a small practice extremely daunting. This spring, the American College of Osteopathic Family Physicians conducted a survey of its membership, including questions related to practice types and settings. The survey found that 60 percent of family physicians are employees with no ownership stake in the practice. Often, the overwhelming collective burdens I mentioned today are cost prohibitive and outweigh a physician's desire to enter or remain in a small or solo practice. There are also physicians who wholeheartedly embrace the choice of becoming an employee physician. Physicians should not be forced to enter an employed situation out of pure necessity. They should retain their option to choose their ideal practice type absent undue financial considerations and regulatory burdens. Medical homes and ACOs provide opportunities for physicians to continue managing patient care while still being able to operate as a small or solo practitioner. Either model requires a physician to be employed by a hospital or large health system in order to be successful. Appropriately aligned, incentives can serve to foster success regardless of practice type. Regulators should be cautious in creating additional financial burdens on physicians that would inhibit their ability to choose a practice setting that is most appropriate. In closing, the transformation of the practice of medicine has undoubtedly impacted the ability of physicians to thrive in a small practice or as solo practitioners. However, physicians are adapting to the changing practice of medicine by becoming patient-centered medical homes and participating in shared savings programs. As we work to improve the health care delivery system for patients, physicians must be provided appropriate payment and incentive to practice effectively in the setting of their choice. Patients deserve this level of access. I would again like to thank you and the members of the committee for affording me the opportunity to share my experiences and the AOA's perspective regarding this important topic affecting osteopathic physicians and our patients. We appreciate the work that you do to promote policies that enable physicians to successfully operate as small business absent undue regulatory and financial burdens. We look forward to working with you in the weeks and months ahead to ensure that congressional action fosters rather than impedes the physician- patient relationship. Chairman Coffman. The Chair now yields to Dr. Schrader for the introduction of our next guest. Mr. Schrader. Thank you, Mr. Chairman. It is my pleasure to introduce Dr. Jerry Kennett. Dr. Kennett has practiced interventional cardiology in Missouri for the last 30 years as a senior partner of Missouri Cardiovascular Specialists and vice president and chief medical officer of the Boone Hospital Center. He has maintained a busy clinical schedule while also participating in a lot of clinical research in education. He is testifying today on behalf of American Academy of Cardiology. The college has 40,000 members and he has dedicated to enhancing people's lives through cardiovascular treatment intervention. We welcome Dr. Kennett. STATEMENT OF JERRY KENNETT Mr. Kennett. Good morning. Thank you, Member Schrader and Chairman Coffman and members of the subcommittee. We appreciate your inviting us to testify here today. I am Jerry Kennett, chairman of the American College of Cardiology Advocacy Steering Committee. The ACC, as said, is a 40,000-member medical society serving the needs of both providers and patients. I am a cardiologist with Missouri Cardiovascular Specialists, a 17-person cardiology and cardiovascular surgery practice in Columbia, Missouri. My group was one of those typical office-based practices with over 100 employees. Our practice included a cardiac diagnostic center, where patients had easy access to echocardiograms, stress tests, and even an outpatient cardiac categorization laboratory. A little more than a year ago, our group was an independent practice, but now we are integrated with Boone Hospital Center in what is termed a professional service agreement. According to the 2011 Lewin Group report on the economic impact of office-based physician practices, these small businesses, such as ours, account for 4 million jobs across the United States with $833 billion in wages and benefits. These small businesses generate $63 billion in state and local tax revenue. Physician practices are different from almost any other small businesses. The payment for services performed is not controlled by free market dynamics, but instead payment is tightly regulated by Medicare and Medicaid and private payers who essentially follow the lead of the government with the recipient of the services or patient often paying only a fraction of the cost. Recent events have had a dramatic effect on private practice cardiology. The ACC estimates that 60 to 70 percent of our current physician members have now integrated with hospitals. Why has this happened? There are a variety of factors that have contributed to this evolution. The prominent reasons relate to Medicare physician payment not keeping up with actual practice costs, direct cuts in Medicare physician reimbursement, and increased administrative and regulatory burdens. All these add up to tremendous uncertainty among physicians as to what the future holds and so many physician practices such as mine see hospital integration as their only choice. Every year since 2002, physician practices have been threatened with significant cuts in Medicare reimbursement, the so-called SGR. This uncertainty stifles physicianpractices from making real investments in improving coordination, reducing the current fragmentation of care, and reducing waste. Another major turning point for cardiology occurred in 2010 with the Medicare Physician Fee Schedule, which reduced payments to cardiology practices or some in-office procedures as much as 35 percent. How many small businesses could survive a 35 percent cut in payment for the exact same service? Our practice, like many others, could not. There are also a significant number of regulatory and administrative burdens that contribute to the uncertainty for physician practices and hinder their ability to grow. A few examples are audits. While physician claims for services are generally subject to contractor medical review, greater scrutiny in recent years has increased costs and uncertainty. Physician claims must comply with multiple edits, as well as recovery audit contractors. ICD-10. The Center for Medicare and Medicaid Services will soon implement ICD-10, a diagnostic coding system that will increase the number of diagnosis a physician has to choose from 15,000 to over 87,000. Multiple Medicare penalties. Starting in 2011, Medicare began to penalize physicians for not meeting the requirements of certain incentive programs. In the coming years, physicians will be penalized for not prescribing electronically, not participating in meaningful use of an electronic medical record, and not submitting quality data through the Physician Quality Reporting System, as well as a yet-identified value- based modifier. Finally, physicians have significant anxiety regarding the future of Medicare payment reform, as you have heard. The new payment methodologies, such as ACOs, bundled payments at medical homes will require additional staffing with no assurance they will produce any shared savings. Physicians are afraid of being left out. In conclusion, the financial pressures associated with declining reimbursements and rising operational costs on private cardiology practices have resulted in the rapid migration of practices to hospital affiliation. Continued cuts in Medicare reimbursement combined with increasing overhead costs, increased regulation, unfunded mandates, a micromanaged payment system, and an uncertain future are making it difficult for practices to remain viable. We believe that a well- functioning Medicare payment system could provide opportunities for physicians to practice both independently or as employees of a hospital. Increased payments should come from increased quality and demonstrate appropriate utilization and physicians should be appropriately paid for the increasing expectations associated with the practice of medicine. Thank you for the opportunity to share my views and look forward to any questions. Chairman Coffman. Thank you so much for your testimony. I really appreciate all of you taking the time to be here. Let me just open it up with a few questions and then I will defer to my colleagues on the subcommittee. All of you had mentioned rising administrative costs as a factor in hurting solo and small practices. Back home in my district, I was just talking to a woman who is starting a new concept to help child care providers by simply doing their administrative work to back office work to allow them to focus on child care and her entity then focused on the administrative compliance. Is there any movement to assist small practices with these third party organizations? I know they have existed in say Medicaid, Medicare, but just in overall administrative work and all the compliance things that you have to do to--are there such entities emerging to relieve some of the cost pressures on small and solo practices? Mr. Smith. There are businesses that have evolved to fill that need that exists with physicians, I mean, more of these administrative burdens placed on their shoulders and some can work quite well. In the new legislation, that intensifies greatly the changes, as mentioned, are very significant, but even if you are able to outsource that, it comes at a cost and it comes at a cost when you are looking at your revenues either being flat invests or declining. So, again, it opens up that option to make employment seem much more attractive as to transferring that burden to someone else. We mentioned in the survey that Merritt Hawkins had that 26 percent of a physician's time was in paperwork. And, so, in essence, you have a hidden army of about 200,000 physicians out there that are doing something other than they were trained. So, anything that we can do to relieve that burden outside of just the pure employment option that will allow them to focus on patients which I am sure that folks sitting at the table would much prefer to do than to do paperwork would be of great assistance. Chairman Coffman. Dr. McIntyre. Mr. McIntyre. My experience in our practice was that there were many entities that could help us with individual things. Billing. We outsourced billing. IT. We could outsource a lot of stuff to IT, but there was not any umbrella organization that would come in and say we will do it all for you. It sounds like a great business, actually. So, the hospital assumes all those tasks for you. I think that is what makes it attractive to many physicians who are just looking for a way out so that they can concentrate on patient care instead of regulatory burdens. Mr. Yasso. When we sold our practice in 1992, of course, we did not have the IT piece to worry about back I those days, but we were doing our own billing and managing the practice ourselves and doing quite well. When we sold to TriSource, they right away started charging us a $7,000 a month management fee and a $7,000 a month billing fee. That was $14,000 a month of overhead that we did not have before. So, all of a sudden, the practice that was in the black was now in the red because we had such a tight margin. And, so, if you do those kinds of things, that is the cost that you have to bear to get those things done. Mr. Kennett. In private practice, there are always consultants and companies that want to come in and do things for you. They say they can do it more efficient and better and usually that does not have to be the case, that usually the costs are as great as before. As you might imagine in these small businesses, the physician practices, they are so regulated and so many things we have to deal with that your overhead sometimes in small practices can be as much as 80 percent. So, it becomes overwhelming and that is one of the reasons that as mentioned they tend toward employment. Chairman Coffman. Most of you mentioned medical malpractice as an issue and the small or solo practice dissolving and moving into as employees or into a larger physicians' group or employees of a hospital. But thosecosts do not change. Is it that just as a function of cash flow, as you got a small practice and there is a bump in cash flow and you have got this big overhead issue like paying your premiums on a medical malpractice policy, is that essentially the problem because I do not see where the costs are changing. They are very high, obviously, higher than they ought to be, but I do not see them materially changing from the individual from the small practice to a larger practice or as to employees of a hospital. Mr. McIntyre. Well, personally, my malpractice went from $40,000 a year in 1994 to $110,000 in 2010. We paid that and at one time, we had 7 orthopedic surgeons, almost a million dollars in malpractice premiums per year. That was a big number. Human resources, obviously, was the single most expensive item in our budget, but right below that was malpractice and it really became a burden to pay the malpractice, so much so that we shifted from doing it in quarterly payments to shifting to monthly payments. It was really a cash flow burden for us. Going to the hospital, the hospital assumes that cost. We do not see that cost at all and many of the hospitals are self- insured in regards to malpractice. Chairman Coffman. Okay. Mr. McIntyre. So, that may affect the rates, but my personal experience, my hospital now is paying my malpractice premium for the policy that I have. Now, I would imagine at some point in time, that is going to be subsumed by their own malpractice policy. Chairman Coffman. Okay. Does anybody else have any---- Mr. Smith. Well, just keep in mind that with these physicians, since Dr. McIntyre joined the hospital-based practice, the hospital loses money. There is not a true savings that occurs from him coming over. They typically lose money on these practices, but the hospital has to have physicians in the community. They really have no choice but to bear that potential loss. Chairman Coffman. But is it cheaper if a larger entity can be self-insured and manage its own liability or do these hospitals still carry third party insurance? Mr. Yasso. Well, Hospital Corporation of America in the metropolitan area of Kansas City employs over 250 physicians. I would think they get a bit of the economy of scale---- Chairman Coffman. Okay. Mr. Yasso [continuing]. To some degree if they stick with one insurer and probably get a rate break to some degree. Chairman Coffman. In looking at the new health care law, the Affordable Care Act, there is a movement I think borne of that to accountable care organizations. So, there has been a trend prior certainly to the Health Care Act, a movement away as you all have tried from the solo practice, the small physicians' group to larger practices and to employees at hospitals. How has the current health care law or has it accelerated by that process? Mr. Smith. There is no question it has accelerated that process. It had the fear of the unknown and I think a lot of wait and see, see what would happen from the Supreme Court's decision. It has picked up the pace quite a bit. I would say as ACOs come closer, hospitals realize there is bundle payments looking for partners. At the same time, you see insurance companies not wanting to be left out as you have seen with Highmark in Pennsylvania buying hospital systems. So, there is a bit of a race for that finish line and physicians might experience running for cover because of the intensity of the penalties within the system. Some information we could provide is there is so much more regulation and the penalties are so great, I find physicians very fearful that they will make an honest mistake and being held accountable financially. Mr. Kennett. Speaking from my administrative side, I would say that probably the health care law has accelerated more on the part of the hospitals probably more so than physicians because of the fact of the Accountable Care Organizations, the bundle payments, and measures in there that the hospitals want to be sure they have enough primary care physicians particularly as well as specialists that they can have in their Accountable Care Organizations to beingable to participate. I think it has brought about some acceleration on the part of physicians just because of uncertainty, but as you mentioned, so many of these thing we talked about actually predated the Affordable Care Act. Chairman Coffman. Sure. I am going to ask one more question and then defer to Dr. Schrader and but then I will come back probably and we will go back and forth. Oh, and I am sorry, Ms. Hahn, as well, from California. And that is that you talked about the patient-doctor relationship being compromised, if you will, through the movement of the solo or small group practice to the larger group practice or to employees of a hospital. I wonder if you could all elaborate on that and please be specific in terms of examples of how you think that changes the patient-doctor relationship, this movement. Mr. Yasso. I think that one of the ways it change that, when you become an employed physician for particularly those physicians that come directly out of residency and become employed physicians and have never practiced in solo practice or owned their own business, it is more of a business now and it is I work for X number of dollars and I work X number of hours a week and that is all I do. I may not stay a little longer to say Ms. Jones, let us work her in or see that extra patient because they want to be seen, they need to be seen that day and do that. And you hear stories about that all the time about how physicians tend to cut it off and say well, I used to see 30 a day. Well, now I see 26 a day or I see 22 a day and those types of things and it is a problem, I think. Mr. McIntyre. My practice is two miles from my house, and, so, I take care of the people that live in my community. My reputation is predicated upon how I do that. So, not only was I very concerned about being a good physician, but running a good small business in my community. And what I said before in the testimony was that I had great ability to affect the atmosphere and the business that was there because I ran it. So, if things were brought to my attention by patients or staff or whatever, that we were deficient in that area, well, you can be sure that we changed that. Now, I am really not responsible for the policies of the practice; the hospital is. So, I am a little bit hamstrung in my ability to affect those policies. Yesterday, a patient came in. Supposedly, one of our doctors was not on the insurance panel because the hospital had not gotten us all on the various insurance plans yet and the patient was told well, you cannot see the doctor that you have seen for 10 years. If I were running the practice we would just have seen the patient and dealt with the insurance issues later. So, I think that when you are vested in your practice as a physician and also as a business man or woman, that lends a whole different color to the way you approach it. Mr. Kennett. I might differ slightly because of the fact that I do not think being employed has changed my physician- patient relationship. I think I feel the same about my patients as I always have in the past 30 years. There is a lot of regulatory and reimbursement issues that have affected relationships because we cannot provide the services we used to provide. That is a real concern. And, quite honestly, there is an evolution in medicine that is going to change physician- patient relationships in the fact that we now have intensivists, we have hospitalists, we have an nocturnist, we have shift medicine, and that is what the younger physicians like in many instances. And, so, that is changing the physician-patient relationship. Mr. Smith. I would add quickly the difference to me, the patient is access. Today, we have a shortage of physicians in many parts of the country and surveys I have read had shown that employed physicians, the risk off the table, they are no longer business owners, see about 7 percent fewer patients and this is at a time we already have a shortage and we are looking to add 30 million people for this process. To me, that is a great concern. Chairman Coffman. Dr. Schrader. Mr. Schrader. Thank you, Mr. Chairman. Well, thank the panel as I guess retired, small business. Been a practitioner for 35 years, started my own business from scratch when you could do that sort of thing. My humble opinion, much as had been stated here, I mean, that is almost impossible to do. I do not care what sort of medical practice you are into. I mean, the tax law has gotten byzantine. I actually did my own tax returns when I started my practice. It was actually doable and I felt like I was not committing--and the regulatory burden, and certainly those in the medical profession, with all the different regulatory frameworks come out, the SGR has been a sword of Damocles hanging over every physician's head, I do not care who you are, for many years. Sometimes we treat it almost cavalierly here in D.C. because we ``never let it happen,'' but it is still there and it is still disrespectful, I think, of the hard work that folks put in. It makes it pretty tough. It makes it pretty tough. The debt burden now that youngsters came out with, I mean, gosh, my tuition, I am embarrassed to say, graduated college a few years ago, like $700. Students would kill themselves to do that now. I am a dinosaur, but not that much of a dinosaur. But the other thing I think the panel has alluded to a little bit that did not get brought out is there is a change in attitude among the young people. I do not care, and this is not just the medical profession, I see this in a lot of my other business friends and associates where the idea of starting a risk-based enterprise, well, there are lots of great entrepreneurs in our great country, thank goodness, and that is what is going to make and continue to make our country great. In some professions, they are a little less more risk diverse for a lot of the reasons you all have just enunciated here. It seems almost daunting for these people with the debt they come out with, the regulatory burden that is out there, the uncertainty, and I will grant that the ACA does create some uncertainty out there. It is one of many issues I think face our medical community. I would like to get some thoughts about potential solutions going forward here. So, I guess one main question I would ask the panel here is of the many things you have talked about today from taxes to debt, SGR to other regulatory burdens, ICD- 10 codes, some of the aspects of the ACA, what is the single most or one or top two burdens that we should talk about trying to eliminate or change and make less burdensome for you guys to get it back to the practice of medicine that we all do so well? Mr. Kennett. So, Congressman, I think that, to me, without a doubt, the biggest thing you can do is to eliminate the SGR and have a stable platform for physician payment that is fair for the appropriate service that they are providing going forward so that the physician is on a yearly, monthly sometimes basis, do not know what the payment is going to be next year and do not know if their claims are going to be held and they have to go borrow money to make payroll. So, taking care of the Medicare physician payment platform going forward would be a huge step forward. Debt, I think, is a very big issue for these kids coming out of school today or residency. If we could find a way to either help them defer their debt for a while so they have the opportunity to go into private practice or if we could find a way, particularly if they go into underserved areas and take care of people that truly need help, to eliminate their debt so that they can stay in practice and stay in areas where people truly need their service. Mr. Schrader. Very good. Thank you. Dr. McIntyre. Mr. McIntyre. I think as a philosophy, we might want to inject some market principles into the physician-patient relationship and have providers compete not only on quality issues, but also on price issues, which we have not done in decades. I think that might go a long way to decreasing costs and increasing quality. If we decide we do not want to do that, then I think to strengthen private practice, we needto allow private practitioners to band together to negotiate rates without owners' overhead structures so that they can compete with what is becoming monopsony. We have the big medicine, big insurance, and the government, and with consolidation, I do not think we are going to get the cost containment we need. I think we need more players in the market to do that and facilitating private practice's ability to negotiate, I think might go a long way to contain cost and increase quality. Secondly, I think malpractice tort reform will go a long way to decreasing the costs not only of private practice, but of medicine in general. And, lastly, especially with the SGR being such a problem and being so expensive and the problems in trying to eliminate it as well as deal with Medicare reimbursement cuts that are supposed to go through the ACA, perhaps, we might want to think about bringing back balanced billing to the Medicare equation that was part of the program for the first 20 years of its existence. And I think it could be done in a way that would not hurt seniors, but would allow private practice to continue to serve Medicare patients. Mr. Schrader. Mr. Smith. Mr. Smith. Oh, I agree with all three topics mentioned: SGR, medical debt, something we hear on a daily basis from the folks that we are talking to, and tort reform. I would add to tort reform that the impact goes beyond the malpractice. The cost of defensive medicine is something that has been calculated in incredible numbers, where physicians are forced, they feel, to protect themselves by doing additional tests under normal circumstances they might not do. So, that cost is significant. The other thing I would mention is to relax some of the regulations that are in Stark II as it implies to recruiting physicians in the community. Being a solo practitioner is near impossible. If you can get a partner or two partners, you have a chance. Unfortunately, stipulations in Stark II make it difficult because you cannot share any of your costs. You have to bear that burden of the cost that exists to bring a new associate in and most physicians cannot go through that year process to wait for that new person to contribute to their overhead to be able to afford to bring them in. So, that would be a real benefit. Mr. Schrader. Very good. Very good. Dr. Yasso, you talked about medical home, and I thought about this myself, as maybe being a way to get back to where the physician is ultimately in control, one of the things that is in the ACA that maybe needs to be fleshed out more. There was some loan forgiveness over a period of time for new students and that we tried to give a little better deal for primary care docs that actually opted to go into some sort of-- in particular will do that, but primary care. But I thought that maybe the medical home, and everyone has alluded to this. I mean, the doctors have to be in charge of decision-making, not the hospital, not the insurance company, not the outfit you would hire to run all your books and stuff and can you elaborate a little bit about what would you be looking for, how would you be talking to CMS about how to organize this so the docs are in control? Mr. Yasso. Well, I think the PCMH is set up in such a fashion that it is under the control of the physician. It is a collaborative approach to medicine and a team approach where everybody is involved in the care of the patient. That includes the medical assistants in your office, your nursing staff, even the front office staff for that matter. Everybody is involved in the care of that patient rather than--an even footing to a degree and things are done for the patient by everyone, not just the physician, not just the nurse, but everybody gets involved in the care. That is the whole idea behind the patient-centered medical home. And then you develop relationships as a primary care physician, you develop relationships with specialists that you know are going to provide quality care for your patients and you deal with those people and you discuss the care so that you knowwhat kind of care that individual is receiving that is the best possible care that they can get. If you take that a step further and you look at the Accountable Care Organizations, I was talking to a physician yesterday who practices in the Phoenix area and they have been very successful in setting up an ACO down there that is driven by primary care. It is not driven by the hospital, it is not driven by the specialist, it is driven by primary care, which seems to be very cost effective and providing good, quality care. So, I think two things. We need to keep in mind when we talk about ACOs in particular is they need to be driven by physicians, not the hospital. My concern when I first started hearing about ACOs was that they were something akin to the old PHOs, Physician Hospital Organizations, which for all intents and purposes was driven by the hospitals and that is what we really need to avoid because the care, the rubber that meets the road is where the patient sees the doctor and that is where the care is delivered. It is not by the hospital per se on a daily basis. So, the physicians really need to be in control of that. Mr. Schrader. Dr. Kennett. Mr. Kennett. Just would like to make just two additional comments about medical homes. The first is medical homes, as Dr. Yasso said, requires some additional resources within your office. People teaching dieticians. So, we have to be sure that they are reimbursed adequately that they are going to be able to provide those additional resources. And the second is that the medical home needs to be assigned to whoever actually should be in control of that patient's care on a regular basis. If that is a patient that is on dialysis, then really the nephrologist probably ought to be their medical home, it is the patient that has got chronic congestive heart failure, then probably a cardiologist. There is a huge majority that should be in the hands of the primary care physicians, but it needs to encompass all these other specialties, as well. Mr. Schrader. Just a final comment then, Mr. Chairman. I really appreciate this panel and the topic we are discussing. It is near and dear to my heart and very concerned about the future of medicine from all walks of life. As a little, old, country veterinarian, I enjoy the opportunity to get to know my patients, see them from birth to their passing. It is a beautiful thing. But I rely on the specialists. I think we have got a great relationship in the veterinary world where we are not afraid to send it out. In the old days, it used to be keep everything pretty close and the medicine has changed. Hopefully, physicians, veterinarians, and other practitioners of all sorts have come to that realization and we will work through that. I guess my last point would be that I hope each and every one of you are active in making sure that whatever comes out of health care evolution, whether it is related to ACA or anything else, that some of us are pushing to reform the SGR, this bill out there I am cosponsoring with Allyson Schwartz and others to get rid of the SGR and get to a smarter level playing field. She is actually like a part of the solution and not just a part of the whipping child that is out there at the end of the day. But, hopefully, it will be a good process, a better process at least going forward and I appreciate the Chair bringing this issue to Small Business' attention. Thank you, sir. Chairman Coffman. Thank you, Dr. Schrader. Ms. Hahn from California, and I will relax the five-minute rule. Ms. Hahn. Thank you, Chairman Coffman, Ranking Member, Dr. Schrader. I want to thank the Chairman for holding this hearing. Really appreciate the witnesses that are here today, all of you who are involved in some aspect of health care and getting folks healthy. We really do appreciate what you are doing. It is interesting because, I mean, I know the more Affordable Care Act is implemented and this lifestyle, I think a lot of the issues as I understand that you brought up today are actually addressed in this new law. Loan repayments. There is a lot about helping students repay their loans or forgive their loans, particularly if they serve in areas that have seen a shortage, talked about, Mr. Smith, the shortage of physicians. There is actually a lot in the health care act about providing incentives and scholarships to encourage more doctors, physician assistants, folks to go into this field. I agree with Dr. Schrader, there are many of us who want to have a permanent doc fix and I hope we do that in Congress with the SGR. This is a small business committee, so, it is really interesting to hear your views as it relates to being a small business person. I am wondering how much training did you get, how much are students in medical school actually getting business training, would be partnering with business schools and medical schools. And, again, I am always trying to figure out what our Small Business Administration is doing to help small businesses. Is there a better role? Is there any role? What is Small Business Administration doing as it particularly relates to physicians who are attempting to run a small business and what can we do better to help that aspect so that--it sounds like we would like to ultimately see more doctors continue to be in the role of being a small business owner. Mr. McIntyre. Training would be zero. On-the-job training would be zero. We learned it on the fly. And many of my colleagues who I interact with in the regulatory arena have gone on to get MBAs. I know a boatload of orthopedic surgeons, MBAs. So, there are a number of people who are doing that. But in terms of the Joe lunch bucket doctor, I think that the training is pretty much zero. Ms. Hahn. So, in medical school, there is no sense that it could be an important part of your success as a doctor who wants to be also a small business man? Mr. Yasso. Some of the schools, my alma mater being one, offers an MBA degree, but not to everybody. They keep it to a very small number of students that can get involved in that. So, there is some, but as far as any kind of formal training for everybody else or even just basic business courses, no. There really is not. As far as what can you all do, promote some of the things we talked about, I guess, and some of the things that you mentioned that are in the Affordable Care Act that might be helpful to make sure that those things come to fruition. If they are unfunded mandates, they do not do us any good. So, that is really the key to see that some of those things come out and really give us what we need to promote people to at least consider going into solo practice or small practices. Mr. Kennett. Congresswoman, I would say that certainty going forward is what these small businesses need and that relates to what we said. Reimbursement, knowing what you are going to get paid down the road, and reducing the regulatory burden, which is huge. If you could help those two, they would have a lot more businesses staying in practice. Ms. Hahn. I am going to follow-up because the Affordable Care law also aims to reduce paperwork and administrative costs by standardizing billing, and between 2013 and 2016, the rules will be implemented to standardize health insurance processing requirements. Mr. Smith, you worked on this Merritt Hawkins whitepaper where ``Physician practices should benefit from improved revenue cycles and save time and money tracking claims.'' So, I am thinking since these rules are not finalized yet, maybe this is an opportunity. Your whitepaper suggests that this is a potential cost savings. So, while we are considering these rules, what should we be keeping in mind to maximize these potential cost savings within this particular realm? Mr. Smith. Well, anything we can do to keep it as simple as possible would be a plus, which obviously we solve the depth and the weight of Affordable Care Act to just pay for a loan and people are just really digesting all the areas and attempting to refine some of those areas. And to lessen the penalties in certain areas where things are unknown. There is an example of which if there is a whistleblower situation, the Medicare can suspend payment to the physician for that whistleblower act if verified. So, in essence, you could have a disgruntled employee who makes a claim, Medicare suspends payment to the physician, and it's over. And I would bet that three physicians on this panel, if you had zero Medicare revenue from guilty to proven innocent could crush any of their practices and several examples like that, again, unintended consequences. Ms. Hahn. Thank you very much. Mr. McIntyre. I think that to standardize the billing process as you alluded to in the ACA would go a long way. For example, Medicare is about 23 percent of our business, but was our most prompt payer. We could anticipate Medicare reimbursement within 18 days of the bill being sent out as long as it was a clean claim. Managed care companies on the other hand, had an average AR timeframe of 45 days. And we got much more runaround and hassle from the managed care companies in regards to them saying a claim was not clean, them wanting more information. So, a standardization of that process, I think, would go a long way to help the private practice. Mr. Kennett. Congresswoman, I can give you one quick example of one of the regulatory things that happened to physicians that make no sense. So, the rack auditors, which I am sure you are probably familiar with that can go in and take money back from hospitals for whether the patient inpatient or outpatient. So, now, a patient can be in the hospital and just because there are some regulations of you tell them that they are inpatient or you call it inpatient or outpatient, same exact service is provided in the hospital, but then the rack auditor comes in and says no, they should have been called outpatient. They can take back the physician's reimbursement any services that are provided during that hospitalization. It really makes no sense. Ms. Hahn. Thank you. Mr. McIntyre. So, there is one additional program, too, the Medicare Administrative Contractors, which is also retroactively denying services for lack of paperwork. For example, in orthopedics, the MAC are denying payment for total joint replacements unless there is documentation of unsuccessful treatment with physical therapy for three months prior to the procedure. Not only is this very costly but there is nothing in the literature that supports that such treatment is efficacious. In addition, the rules of these programs are unknown and they are enacted retroactively, making them impossible to comply with. This really will affect patient care negatively. Chairman Coffman. Thank you, Ms. Hahn. The Chair recognizes Mr. Tipton of Colorado. Mr. Tipton. Thank you, Mr. Chairman, and I apologize for being late. We had a natural resources meeting, as well. So, I sent your regards to that meeting. I know you could not be there because of here. I would like to thank our panel for being here. Incredibly important issue, particularly for districts like mine, rural Colorado, 54,000 square miles, and as I have traveled through those 54,000 square miles, just held a town hall meeting with senior citizens in Pueblo, Colorado, last week, they are worried about the president's health care mandate and how it is going to impact them. I have got senior citizens in Del Norte, Mono Vista, Alamosa, Cortez, Crawford, Hodgkiss, Edgar, some towns a lot of people have not even heard of, they cannot find a doctor that is willing to take Medicare. So, I guess, Mr. Smith, I would like to be able to start with you. With a number of small business and a lot of our doctors are small business people, solo practices, what effects will the president's health care mandate have on rural Americans, rural citizens' access to health care in your perception? Mr. Smith. My perception, the impact I look at first is of the patient. As you mentioned, very difficult as a patient. A new patient, physician practice, could be seen if you have Medicare, especially if you have Medicare without any kind of gap insurance. A physician has to limit the amount of Medicare that they see in their practice to be financially viable. If you have pure financial to procure practice, it is not viable. The reimbursements are too low to be able to do that. Most physicians that I work with, we conduct about 3,000 searches a year around the country so we have an excellent of information will tell me that Medicare rates, they generally break even as a cost of doing business. So, you have to keep that to one-third of your practice. Some specialists, such as internal medicine, you might get it to half, but you cannot have that happen. You see physicians as they get older, their patients get older, and more and more Medicare and you can look at their financials and they slowly dwindle until such a day that the decision is I am working for free, I have to get out of practice. So, now, as we look at this, we have patients that could come onto the system, was going to pay Medicaid rates and we are elevating them to Medicare, thinking that is going to be a driver for physicians to see them. One, that is a temporary rate. Two, it is not a factor and those patients, 30 million people we are adding to the system, will have a card that gives them insurance or a version thereof. What they will not have is access. The second expense, the legislation does address some areas of need, attracting people to the system. The shifting of unfilled primary care spots, that really is resulting in a few hundred positions, but the issue is we can add as many people as we want to the medical schools, but we have not added a single dollar as it comes to residency. And, so, all you will be doing is shifting foreign positions out of the system and replacing them with American-trained physicians, but at the end of the day, there is the same number of physicians coming out of the machine and in places like Russia and Trinidad and Serbia will still not be able to find a doctor because there will be more attractive options in large states. Mr. Tipton. If we could, Mr. Smith, I would like to explore that a little bit because you were focusing a little bit on the economic---- Mr. Smith. Okay. Mr. Tipton. From the doctor's perspective--the majority of doctors I know actually went into health care because they truly care about people. They are going to limit the number of patients that they can see simply because they want to be able to provide quality health care. If you are trying to run them through like an assembly line, is that going to reduce the quality of health care? Mr. Smith. Well, there is no doubt. I mean, the physician- patient relationship is the most critical thing we can talk about and the colleagues here, I am sure, would completely agree with that. But the only choice is to do more and I would bet that each of these physicians here see a few more patients each year to be able to make their practice viable. Not so much as just financial reward, but just to make it a viable business that employees will be able to count on and you want income, but the patient will be left on the sideline. Mr. Tipton. You just mentioned doctor-patient relationship. We should not be getting between that, but if there is going to be a medical decision that is to be made, let us have the family patient doctor do that in the doctor's office. Do you have some concern about the IPAB Board? Mr. Smith. Well, yes, to answer your question. We have seen this in other countries. We have seen some of the impact it has had. I saw recently in Europe where epidural injections were taken off the list of care to be provided, other decisions that are being made, but in each of these decisions that you see along the way, the majority of these decisions are made without physicians involved. We speak to thousands of physicians on a monthly basis, and I have yet to find any of the ones that had the lab coat that were on the front line during these conversations. But anything we can do, it has to come down to the physician-patient relationship. Mr. Tipton. Dr. Yasso, I saw your head nodding. Would you like to make a comment on that? Mr. Yasso. I would agree and the American Osteopathic Association adamantly opposes the IPAB. We think that is just wrong-headed for no other way to say it. The other thing that is concerning to me in regards to Medicare, as Mr. Smith said, you are almost getting to a point where you are just barely breaking even as far as reimbursement is concerned. What happens in the next 10 years when they cut $500 billion out of Medicare because of ACA? Does anybody know? I mean, obviously, reimbursement is going to take a hit. It has to take a hit. I do not see how else you are going to reach that number. Mr. Tipton. Excellent point, and Dr. McIntyre, maybe you would like to jump in a little bit on this because I think Mr. Smith said it very well. We can insure everyone in the country, but there is a quantitative difference between insure and health care. Two completely different things. And if we are wanting to be able to get at health care, are you seeing a real problem with the president's health care mandate when it gets down to actual delivery of health care? And I am speaking primarily for rural America, rural Colorado. I know some of our metropolitan areas have anabundance of doctors and specialties, but let us talk about rural America. Mr. McIntyre. I do not know that a mandate in itself creates an access issue. I think the access issue is really driven more by reimbursement level. So, if your reimbursement level falls below the level of your ability to deliver the care---- Mr. Tipton. But the reimbursement level is actually via the mandate. That is part of the program. Mr. McIntyre. Well, my understanding of the ACA is that it does cut $500 billion out of Medicare---- Mr. Tipton. Five hundred seventy-five billion. Mr. McIntyre. Over 10 years and does fail to correct the SGR, which is another $300 billion. So, I think that is the access issue. I think I certainly have a philosophical and constitutional issue with the mandate myself personally, but, perhaps, I am not sophisticated enough to realize how it will impact access other than the issues we spoke of. It is possible to provide someone with insurance, but if that insurance does not pay costs, then you are basically uninsured. For example, if you put people on Medicaid, I think it is something like 40 percent of all physicians will not accept the Medicaid patient because the reimbursement is so low and I believe my understanding of the ACA is that by 2019, Medicare rates will be around what Medicaid reimbursements are now. So, I think that is a huge issue and a potentially devastating one for access to care for Medicare patients going forward. Mr. Tipton. So, effectively, our senior citizens, people who have run the race are walking in the door with their Medicaid card, putting it on the table, it is insurance and they are not able to get a doctor. Mr. McIntyre. I think you could definitely see that problem. Mr. Tipton. That is a real challenge. Mr. Smith. Mr. Smith. To add to it, one of the things that my firm does, we do studies on wait times. How long does it take to get to see a physician? An unintended outcome that we discovered was the greatest increase in wait times of any metropolitan market was Boston and the difference between what occurred between our first wait time survey and our second was the implementation of universal health care. So, a place that I think any of our colleagues would probably have the most physicians, the most training programs, the environment you would not expect to have that issue are having that issue. So, if that is happening in Boston, what is going to happen? I do not think that is a difficult question to ask. Mr. Tipton. Right. Dr. McIntyre, maybe if you would like to, we have got to be able to address some of the accessibility. Every American, I think that we can all agree, we want affordability, accessibility. The president's health care mandate fails on both accounts. What can we do? What should be done to be able to increase the number of physicians that are going to be able to get into some of these rural areas to be able to provide that access to health care? Mr. McIntyre. In answering a similar question, I thought perhaps injecting a market-based solution to this problem would go a long way to improving quality, decreasing costs, and improving access. I think if the patients have some skin in the game, then they are more likely to seek health care that is of quality to them. If somebody is paying for their health care, especially if it is first dollar coverage, they are less likely to become shoppers, they are less likely to search for quality. They are much more likely to search for volume. So, I think in the current situation, we have a volume- driven process that is going to be exacerbated by the health care law instead of one where we will be looking for quality. The health care law does attempt to impose quality on the system through comparative effectiveness research and on other things, but that is sort of a top-down approach. Mr. Tipton. Ultimately, and I would just kind of like to get your thoughts on this, original CBO estimates on the president's health care mandate stated it was going to cost $900 billion. In the White House, there was dancing in the hallways over that number. I am a small business guy and I know $1 billion is a lot of money. CBO just rescored this. It is going to be $1 trillion and $787 billion. With administrative costs, we are going over $2 trillion. Is there a better way to be able to spend $2 trillion? Mr. Kennett. Congressman, if I could, I would like to just comment a little bit on before and then this question, as well, and that is that if we are going to increase access, we have to be able to pay for it. And, so, that is a concern. We have to appropriately pay physicians for the services they perform. So, if we are going to reduce costs within the system, I think if you get any larger number of physicians in a room and talk about how we are going to reduce costs, that you will come to the issue of utilization. And, so, the American College of Cardiology for years has been working on the perfect use criteria and our registries and I think that we as a profession are going to have to look at the appropriate utilization and cut out the utilization that is inappropriate and that could save possibly as much as one-third of what we are spending right now on health care. Mr. Tipton. Would tort reform be a good idea? Mr. Yasso. Absolutely, and I was going to just mention that. The patient comes in with back pain, let us say, and you may send them for X-rays of their back, let us say low back pain. They come back and they say well, doc, you gave me some medicine, it really did not help, I still have the back pain. And the next thing you know, you are ordering an MRI. Why do you do that? Is it because it is really a necessary test or is it because you are worried about the liability of the situation? Am I missing something? Is there something else going on here that I will pick up with the MRI? And you are thinking about the legality of the situation more than you are--is this really appropriate care for the patient? And medical liability is what is perceived a lot of times and I think that is really true in the ER setting. You wonder how much money is spent needlessly in the emergency room on CTs of the head, stress tests for chest pain, all those kinds of things where they may not necessarily be needed. Mr. Tipton. I mean, I thought it was curious that the administration and the 111th Congress, we are in the 112th, would not even consider tort reform because I have actually held meetings with physicians. I just met with about 24 physicians over in Brentwood, Colorado. Tort reform came up as one of the number one cost drivers and it is fear factor that if the patient is not totally forthcoming and you did not catch it, you can be sued. We have got to be able to bring some common sense into that portion of the equation, as well. So, certainly thank our panel for taking the time to be able to be here. We would love to be able to hear more from you. This is about affordability, it is about accessibility, and as I travel through rural Colorado in my district, I am talking senior citizens right now who are frightened about what the consequences are going to be to their health care going forward as we continue to see the president's health care mandate put into place and I think maybe we should have started with you at the very beginning, talk to the physicians before they started writing a 2,000-plus-page bill that many of them did not read, yet passed, and Minority Leader Pelosi was correct. She said we will find out what is in it once it has passed, and, unfortunately, that discovery is still continuing. We are seeing increased costs, increased control, and reduced access to health care in this country. Thank you for coming in today. I yield back, Mr. Chairman. Chairman Coffman. Thank you, Mr. Tipton. I have got a few other questions. I want to make sure that we have everything done on record. Dr. Yasso and Dr. Kennett, in your written testimony, you both mentioned a burden of complying with statutory and regulatory requirements, particularly electronic health records, electronic prescribing, and physician quality of reporting, which will carry significant penalties for non- compliance in future years. Would you elaborate on how these burdens disproportionately impact a small or solo practice physician's time and revenue? Mr. Yasso. I have a friend that practices in Kansas City and has a predominately Medicaid practice. She has chosen to date not to implement the electronic health record because of the expense. I mean, she is barely breaking even paying her help, taking a salary, and those types of things and she is a very altruistic person and she wants to take care of her patient population, but she cannot afford--and even though the government says well, we will reimburse you if you put in a system that is compatible or I forget what the terminology is for that, but, anyway, she has made the decision that in 2014, she is going to retire. And the community is going to lose one darn good doctor because of that. And it is those types of things. It is just a heavy burden in situations like that and it takes good people out of the practice of medicine. Mr. Kennett. With our group of physicians, there were only 11 at the time, we spent about $700,000 on electronic health record and you do not recoup very much. On an ongoing basis, you had that expense of maintaining it on a regular basis and the other bad part of that, when you first institute an electronic health record, actually it reduces your productivity pretty dramatically for the first six months or so and then you come back, but you are never going to get back to where you were before. So, you are going to have to have electronic health record to demonstrate meaningful use, and if you do not, you get penalized for all your Medicare, funds will be cut--you are not participating in meaningful use and you are not e-prescribing, and it goes on and on. So, that is one of the drivers to hospitals is because the hospital can better afford--they still had to lower costs involved, yet they can better afford to absorb those costs in the small physician practices. Chairman Coffman. Mr. Smith, your testimony mentioned the high cost of malpractice insurance. Do you think malpractice reform will help a small practice physician to shoulder the burden and how so? Mr. Smith. Well, I think if tort reform would be part of the legislation, you would have seen a much greater acceptance of the physicians of this legislation, of the changes that were coming, but we have seen in states that apply tort reform, that it is a significant cost savings to the physicians and, of course, what I mentioned before, the cost of defensive medicine, which is an intangible cost that is significant, would be impacted, as well. Chairman Coffman. Dr. McIntyre, some health care mandates, such as the reporting requirements for health information technology and establishing Accountable Care Organizations are first instituting with ``incentive payments,'' but involved penalties later. Do you think that the inability to comply with mandates may be contributing to the disappearance of small medical practice? Mr. McIntyre. The short answer is yes. We implemented an electronic medical record in 2002. So, we were early adopters. Totally, we spent $500,000, which was about $100,000 per doctor. We initially saw some savings because we were able to get rid of file clerks and paper costs and transcription costs, but going forward with upgrades and having to hire new staff to enter data, those cost savings went away. So, basically, it's a huge cost for a small business. The HITECH Act leaves physicians $44,000 over 5 years to implement a record as long as they comply with meaningful use. So, that would not even cover half of our investment per doctor. In addition, the quality reporting in much of the act is very difficult to comply with because the quality reporting criteria have been developed by National Quality Forum and places like that of the I think it is 44 quality measures, only 3 of them apply to orthopedics at all. So, we were trying to fish around for what we are going to start reporting on to comply with the mandate. Asking people about looking at things sometimes had nothing to do with what they were seeing us for. We have to report those things, even though they are not in the scope of our practice, just because of the reporting regulations. Chairman Coffman. Dr. Kennett. Mr. Kennett. Chairman Coffman, I will just give you a quick personal anecdote about tort reforms. Missouri has a tort reform law with a cap on non-income damages of $350,000. So, my insurance says an interventional cardiologist dropped from $35,000 to $14,000. Chairman Coffman. Right, okay. Mr. Tipton. Mr. Tipton. Thank you, Mr. Chairman. I just did have one follow-up question. Dr. McIntyre, you had brought it to mind and it is not in regards to the electronic medical records, but going back to Medicare, being able to fill out compliance forms to be able to get paid. Has it been your experience many in all of your professions--I talked to a good family practice doc in my hometown, finally just pretty much quit simply out of frustration from the standpoint that they had moving bars when it came to being able to fill out the forms, make sure they filled in the right dots, and it was constantly changing. Have you written any analysis in terms of the costs, how much you were spending rather than spending time with patients, you are paying people to be filling out more records when it comes to Medicare? Mr. McIntyre. Well, certainly, our costs in general increased significantly to the point where they were about 80 percent of revenue for our clinical practice. We had other portions of the practice that had a lower overhead figure but even with those figured in, our total overhead cost was about 63 percent, but that had increased hugely since the earlier part of the 1990s. We never culled out Medicare specifically to analyze the cost just for Medicare patients, but overall, it increased tremendously. When I started, we had one billing person. When I left, we had six. When I started, we had one person to do pre-certifications and things like that. When we sold the practice, we had one person per physician. So, all these things added up over time. Mr. Tipton. I am sorry, I apologize for interrupting, but just so that I am clear on that, you did not mean you were seeing more patients, that you were putting out more bills, it was just compliance? Mr. McIntyre. Right, just compliance, correct. Mr. Tipton. Just strictly compliance. Mr. McIntyre. We did have to ramp up volume, too, because we could not---- Mr. Tipton. Pay for it. Mr. McIntyre. Since we were getting a set fee, the only way for--there are two ways for a private practice to increase income in a set-fee market and that is to see more volume or to add ancillary services. You can decrease costs, but the quality of your service suffers to the point where you are not worth going to see. Chairman Coffman. Dr. Kennett. Mr. Kennett. Congressman, I would just say that I hope CMS is not listening or the Department of Justice, but if on a regular basis a physician actually read all the documents which you are supposed to sign every day, it would add hours to your day. There is no way. You have reams of documents that you go through every day you sign your signature on, whether it is home health or hospice or Medicare documentation, it is huge; there is just no way you can actually read it all. Mr. Yasso. When I first started in private practice in 1980, there were three of us, three physicians, and we had four people working for us, two in the front office, two in the back, and that was it and we did just fine. Today, with four providers, three physicians, one nurse practitioner, we have an office manager, four people working in the front office, and four people working in the back office. So, I mean, realizing we have got one more provider than we did 30 years ago, but, still, all this regulation and all the things that we need to do, the precertification of everything, you just have to have more bodies. You cannot get by without them. Mr. Tipton. It is no consolation, but in this country, businesses are paying $1 trillion 750 billion per year on just regulatory compliance. Small businesses are paying $10,685 per employee in regulatory compliance. We all know there needs to be some regulations, but I think we have certainly seen an overreach in the complexity that is inhibiting the very important work that I know you physicians in particular want to do, and that is to be able to provide quality health care at an affordable price. So, thank you. Thank you, Mr. Chairman. I yield back. Chairman Coffman. Thank you. Dr. Yasso, I have got a question. Do you think small or solo practices may survive, but only if they fill a particular niche such as concierge care? Mr. Yasso. I think that could be the way that this goes. I have a friend of mine that has started a concierge practice, at least part of what he does. He does not do 100 percent of that yet, although, he may very well move into that direction at some point in time. It is my understanding that you see a lot of that and Mr. Smith could speak to that, I am sure, on the east and the west coast and I am sure that eventually, that is going to move towards us. It only makes sense from the private practitioner if he wants to stay private that he does something like that because now he controls his income. It is not controlled by the government, it is not controlled by any regulator, he controls his income and that makes sense. Mr. Smith. I would like to just simply with that, because concierge medicine, people think of it as the billionaire's medicine, the doctor follows them around, and that does exist, but if you were a primary care provider in solo practice, you are going to have three to four employees, you are going to have 50 to 70 percent overhead costs, and you are questioning what do you do? Do I join a hospital? If you can today become a concierge physician, you can take that panel, which could be as low as 2,500, 4,000 patients and if you had 500 of them agree to pay you $50 a month and you would see them just in their office and take care of all their needs, you would make about 20 percent more money than you made the other way. So, you can survive, but from a small business perspective, you would trim your staff one or two people. So, very lean and those are good- paying jobs, jobs that we hear talk about our health insurance, a big part of the opportunity, but these are smart individuals, they will find a way to adapt and coming off the grid and doing that is one way. And the second thing I would keep in mind is what if you are not one of the 2,500 that can afford the $50 a month? So, we have taken that FTE from a full position down to about 15 to 20 percent of an FTE and in environment we already have a supply challenge. Chairman Coffman. My final question involves seniors, seniors on Medicare, seniors in my district and across the country. And seniors on basic Medicare had a very challenging time, an increasingly difficult time finding physicians that will see them and with the Independent Payment Advisory Board that will be fully online I think in 2015 according to the Affordable Care Act, is that not going to make this situation all that much worse when the new way of controlling spending is to have this 15-member board control spending through restricting reimbursement levels. It seems essential, that is how we are controlling spending in the Medicare system. And, so, I wondered if any of you have any comments on where you see senior care going under Medicare. Mr. McIntyre. In addition, I believe that the IPAB not only is tasked with cutting costs significantly, but also with maintaining access at the same time. So, I do not know how they can do that. And I do not know how central planning is going to be able to affect a fair reduction or program, especially without any input from anyone. I believe there is no input from physicians, there is no input from the Congress, they basically just give Congress a report and Congress can accept it or not. Currently, at least now, we have some input to our reimbursement via some certain committees of the AMA. That will go away with the IPAB. Mr. Kennett. Certainly, the environment we are in where there is uncertainty on Medicare reimbursement, seniors are going to have increasing difficulty getting access, you are exactly right. I think we all here could agree that the IPAB is not a good thing and it is really not a good thing and that the only people that they are going to cut between now and 2019 are providers. And, so, the good news is I think that the current congressional environment, it seems very unlikely you are going to get 15 people to approve by the Senate to be on the board, so, it is not going to be implemented. Mr. Smith. And I would argue that they are regulating and controlling prices for services in large--because they cannot get access. Chairman Coffman. Did anyone have any further comments? Well, thank you, all, for participating today. I ask unanimous consent that the following articles be admitted to the hearing record. A New York Times article dated March 25, 2012, entitled ``More Doctors Giving Up Private Practices,'' a CNNMoney article dated July 11, 2012, entitled ``The Mind of a Solo Doctor,'' a Wall Street op-ed dated July 5, 2012, entitled ``Obama Care's Lost Tribe: Doctors,'' a Forbes article dated July 2, 2012, entitled ``So Long Marcus Welby: Obama Care, Market Kill the Solo Private Practice.'' Without objection, so ordered. I ask unanimous consent that members submit statements and supporting materials for the record. Without objection, so ordered. This hearing is now adjourned. Thank you very much for your testimony. 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