A new AHPP working paper contributes to an important debate in law and health policy
Malpractice liability, along with medical technology and payment system distortions, regularly figures among the most-cited reasons for escalating health-care spending in the United States. On the one hand, Harvard economist Amitabh Chandra conservatively estimates that upwards of $60 billion, or 3 percent of total health care costs ($1.8 trillion), is spent annually as a result of direct litigation and indirect defensive medicine costs. On the other hand, tort reform advocates place the figure at $200 billion by extrapolating, to the entire U.S. population, the results of research conducted by Stanford professor Dan Kessler and Mark McClellan. Their 1996 study shows that tort reforms reduced provider liability costs for Medicare heart patients by 5 to 9 percent.
At the heart of these debates is the following question. Does medical malpractice liability achieve its dual goal of compensating victims of medical injuries and deterring medical errors, or does it merely encourage wasteful defensive medicine without improving patient health? Despite considerable empirical research, there is little evidence that malpractice litigation deters medical negligence. The evidence is much stronger—though still hotly debated—that malpractice fears actually encourage physicians to engage in defensive medicine.
The newest release in the Asia health Policy Program working paper series, AHPP working paper #13 by Brian Chen,explores whether malpractice pressures affect physician behavior, patient health, and health care costs in Asia. Studying physicians’ response to legal changes in Taiwan, he finds that greater malpractice liability may, under certain circumstances, prompt physicians to perform more services without necessarily improving patient health.
Dr. Chen investigates how physicians’ test-ordering behavior and propensity to perform cesarean sections were affected first by a series of court rulings in Taiwan that increased physicians’ liability risks, and then by a subsequent amendment to the law that reversed the courts’ rulings. He finds that physicians faced with higher malpractice pressure increased laboratory tests as expected but unexpectedly reduced cesarean sections. The reduction in cesarean deliveries may be due to the fact that liability risks were more closely aligned with physicians’ standard of care after the court rulings. After the law was amended to negate the court decisions, physicians reversed their previous behavior, reducing laboratory tests and increasing cesarean deliveries. This pattern of behavior strongly suggests that physicians in Taiwan practice defensive medicine.
The Eisenberg Legacy Lecture honors Dr. John Eisenberg, a renowned
internist and health services researcher who directed the Agency for
Healthcare Research and Quality (AHRQ) from 1997 to 2002. This annual event features experts and topics
relevant to improving health policy and healthcare quality. The lecture is
funded by the California HealthCare Foundation and is co-sponsored by
the Center for Health Policy/Center for Primary Care and Outcomes
Research at Stanford University; the Center for Health Research/School
of Public Health at UC Berkeley; and the Philip R.
In mid April, FSI convened a special conference on Technology,
Governance, and Global Development, to
examine how technical innovation solves, or fails to solve, the problems of
chronic global underdevelopment.
Experts from business, medicine, philanthropy, academia, government and
non-governmental organizations, along with young Stanford alumni, addressed
technology's ability to help secure gains in health, economic development,
agricultural innovation, food security, and human development.
With a wealth of expertise and on-the-ground experience,
panelists tackled central issues and engaged in spirited debate, animated by
moderator Philip Taubman. "The
Promise of Information and Communications Technology" examined whether technology can transform lives of individuals, even in poorly
governed countries, finding encouraging evidence in technology-based medical
and health services and novel approaches to economic development, including
sharing vital information and banking via mobile phones.
A panel of young Stanford alumni discussed their
entrepreneurial efforts that led to the development of a low-cost, lifesaving
incubator for low birth weight babies, the FACE AIDS program begun at Stanford
that now has 20 chapters and has contributed some $2 million for treatment of
people with AIDS in Africa, a new Global Health Corps to train health care
workers, and other innovations to save lives in underserved areas.
Condoleezza Rice,
former Secretary of State and National Security Advisor, gave the lunchtime
keynote with a focus on why democracies are more effective and ultimately more
efficient in delivering economic development. Democracies are better at
protection of rule of law and property rights, she noted. Democracies are less
corrupt, more in touch with their people, more stable, and better able to
deliver the benefits of human capital development, health, and education to
their population as a whole.
A third panel on "Governance, Innovation, and Service Delivery" addressed how
innovative institutions and technologies could overcome poor governance and
deliver needed services in underdeveloped regions. "Despite extraordinary
growth in our technical capacity to prevent and treat child illness and death, we
are seeing stagnation or a rise in mortality rates of children under five in
some areas," said pediatrician Paul Wise. "This reflects gross failures in
delivering highly efficacious health interventions." Some 9 million children
still die each year, and 65 percent of child deaths in unstable areas are
preventable, he noted. Wise has launched a new program to improve child health
in areas of unstable governance through new integrated technical and political
strategies.
A fourth session on "Creative Markets for Technical
Innovation" honed in on the institutions, innovations, and incentives needed to
stimulate development of products and services that address the needs of the
poor. Panelists focused on pharmaceuticals, agricultural innovation, use of
mobile technologies to share information on best practices, improved food security
through innovative technology - such as solar-powered irrigation to expand
growing seasons, crops, and incomes, and the development of human capital in
China through rigorous evaluation, field trials, and nutritional intervention.
Among the experts addressing these vital issues were
Google.org's Megan Smith, BP Solar's Reyad Fezzani, Center for Global
Development President Nancy Birdsall, Gates Foundation Director of Agricultural
Development Sam Dryden, Gilead Science's Clifford Samuel, dynamic Stanford
alumni Nava Ashraf ‘97, Jared Cohen ‘04, Jane Chen ‘08, and Jonny Dorsey ‘07,
and FSI's Coit D. Blacker, Joshua Cohen, Stephen D. Krasner, Paul H. Wise, Rosamond L. Naylor,
and Scott Rozelle.
FSI Payne Lecturer Bill Gates, Co-chair of the Bill & Melinda Gates Foundation and Chairman,
Microsoft, gave an address on "Giving Back: Finding the Best Way to Make a
Difference." He urged students to
become involved in the central issues of global health—including the need to
reduce child mortality through more vaccines and better delivery systems—and
education, saying we need to find out "what works" and use the Internet to
share lessons learned globally.
"We need to shift talent toward bigger needs," Gates said,
urging students to provide the passion and ideas to drive us forward in health,
education, and energy. To make a
difference, Gates advised, "Get your hands dirty, do the hard work in the
actual environment, early in your career." Telling students that he is looking for "great ideas," he
challenged them to post answers on the Gates Foundation Facebook wall to three
questions: What problems are you working on? What draws you in? How will you
draw other people in to work on solutions to the world's great challenges.
In early spring, historic health reform passes, extending insurance to millions of uninsured. Despite problems with workplace-based coverage, controversy over government subsidies for insurance premiums, and disparities across a large and diverse nation, dramatic shift to a single-payer system was seen as impractical.
Instead, reforms focus on expanding current social insurance programs as well as new initiatives to cover the uninsured, improve quality, and control spending. They provide a basic floor, subsidized for the poorest, but preserve consumer freedom to choose in health care. No government body dictates choice of doctor or hospital; investor-owned and private not-for-profits compete alongside government-run providers like community health centers and rural hospitals.
Left to be addressed in later phases are the difficult questions of how to slow the relentless pace of health care spending increases -- driven in part by technological change and population aging, but also perverse incentives embedded in fee-for-service payment and fragmented delivery. Pushed through despite multiple crises confronting the leadership, the final landmark health reform works in conjunction with measures enacted as part of the fiscal stimulus package to strengthen the healthcare system. Some provisions take effect immediately; others will take many years to unfold.
President Obama’s triumph on his top domestic priority? Actually, there were no votes along partisan lines, no controversy over abortion. I am describing health reform in China, which was announced almost exactly a year ago.
We do not hear much about the parallels in the US and Chinese social policy. But we cannot fully understand each other if we ignore these commonalities. We do not hear much about those who, in both societies, have been rendered destitute merely because they or a family member became sick or injured in a system with a social safety net full of gaping holes.
It will surprise many Americans to know that government financing as a share of total health spending was lower in socialist China over the last decade than in the United States. Now China has pledged about US$124 billion over 3 years to expand basic health insurance, strengthen public health and primary care, and reform public hospitals.
In China, the injustice of differential access to life-saving healthcare had sparked cases of social unrest. The April 2009 reform announcement was the culmination of years of post-SARS (2003) soul searching for a healthcare system befitting China’s dynamically transforming society. Special interests block change. (Sound familiar?) The CPC Central Committee and the State Council acknowledge that successful health reform will be “an arduous and long-term task”.
If the US can pass sweeping health reform despite an unprecedented financial crisis, and China can envision universal health coverage for 1.3 billion while “getting old before getting rich,” then together we should be able to look past our many differences to focus on our common interests. Our two proud nations must work together to confront numerous challenges, such as upholding regional stability (e.g. on the Korean peninsula); redressing global economic imbalances (increasing health insurance can help spur China towards more domestic consumption); and investing in “green tech” for a warming planet and “grey tech” for an aging society.
* * *
When searching for insights about how other countries deal with similar challenges, Americans often look to Europe and Canada. Rarer is the comparison to counterparts across the Pacific. Yet President Obama has clearly articulated the vision of the US as a Pacific Nation, and there are developments around the Pacific Rim that merit consideration in our debates.
Australia pioneered cost-effectiveness in health care purchasing, while the US continues to debate whether cost should be part of comparative effectiveness research and policy decisions.
Both Japan and South Korea, like Germany, have enacted long term care insurance to smooth the transition to an aging society. Their experiences might be fruitful as we implement the first national government-run long-term care insurance program, a little-heralded component of the newly passed legislation (and a fitting legacy of Senator Edward Kennedy).
Japan and Singapore provide universal coverage to older populations than ours with health systems that, although surprisingly different from each other in terms of public financing and role of market forces, both ranked among the best in the world -- and far higher than the US -- in the World Health Organization’s ranking of health systems in the year 2000. Although one may quibble with the ranking, it is indisputable that Japan spends a much smaller share of GDP on healthcare than the US does, despite being one of the oldest and longest-lived societies in the history of the world and having (like the US) a fee-for-service payment system.
Japan and South Korea are also democracies, where health policies occasionally engender heated debates. In South Korea, physicians went on nationwide strike three times to oppose the separation of prescribing from dispensing. Although Japan’s incremental reforms rarely spur such drama, the passions aroused by end-of-life care – embodied in the bizarre “death panels” controversy in the US health reform debate of 2009 – has its counterpart in the bitter nickname for Japan’s separate insurance plan for the oldest old: “hurry-up-and-die” insurance.
Yet Japan, Singapore, and Hong Kong all offer health systems that provide reasonable risk protection and quality of care for populations older than ours, with a diverse range of government and market roles in financing and delivery, while spending far less per capita than the US.
No system has all the answers. But the US and our neighbors across the vast Pacific have a common interest in sharing what we’ve found that works for health reform. Despite divergence in our political and economic systems, we all value long, healthy lives for ourselves and our children -- and we’re united in health reforms that try to further that goal.
In this colloquium, we hear about Tsinghua University researchers' studies on physician-patient trust and satisfaction with health care in China. Professor Shen describes her research on “Social distance and its impact on patients’ trust in their providers in transitional China.” Using 2008 data from over 3500 patients that includes unique measures of patient trust – such as whether or not patients followed doctor recommendations for treatment – Dr. Shen and colleagues find large differences in trust, with patients of lower socio-economic status displaying higher trust in doctors than other groups. Analyses also examine how trust is related to satisfaction with health services, and how patient dissatisfaction in China compares to that in other countries’ health systems. Related research explores patients’ and providers’ attitudes towards separation of prescribing and dispensing, a key component of the 2009 health reforms, and how patient mistrust of providers stems from concerns about both competence and profiteering from overprescribing.
The extent and existence of "defensive medicine" -- excessive medical care to defend a physician against malpractice claims -- is a perennial subject of both policy and academic debate. For example, malpractice liability and associated defensive medicine are among the most-cited reasons for escalating health-care spending in the United States.
In this colloquium, Dr. Brian Chen will present results from his research investigating the extent of defensive medicine in Taiwan. He studies the impact of a series of court rulings in Taiwan that increased physicians’ liability risks, and a subsequent amendment to the law that reversed the courts’ rulings, on physicians’ test-ordering behavior and propensity to perform Caesarean sections. He finds that physicians faced with higher malpractice pressure increased laboratory tests as expected, but unexpectedly reduced Caesarean sections. (The reduction in Caesarean deliveries may be due to the fact that liability risks were more closely aligned with physicians’ standard of care after the court rulings.) After the law was amended to negate the court decisions, physicians reversed their previous behavior by reducing laboratory tests and increasing Caesarean deliveries.
This pattern of behavior is highly suggestive of the existence of defensive medicine among physicians in Taiwan. In other words, by studying physicians' response to legal changes in Taiwan, we find that greater malpractice liability may, under certain circumstances, prompt physicians to perform more services without necessarily improving patient health.
Dr. Brian Chen recently completed his Ph.D. in Business Administration in the Business and Public Policy Group at the Haas School of Business, University of California at Berkeley. He received a Juris Doctor from Stanford Law School in 1997, and graduated summa cum laude from Harvard College in 1992.
Shorenstein APARC
Stanford University
Encina Hall, Room E-301
Stanford, CA 94305-6055
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chenbk@stanford.edu
2011 AHPP/CEAS Visiting Scholar
IMG_5703.JPG
JD, PhD
Dr. Brian Chen is currently a visiting scholar with the Asia Health Policy Program and Center for East Asian Studies at Stanford University. He was recently Shorenstein Asia-Pacific Research Center's 2009-2010 postdoctoral fellow in Comparative Health Policy. As a visiting scholar, Dr. Chen will conduct collaborative research about health of the elderly and chronic disease in China.
As an applied economist, Chen’s research focuses on the impact of incentives in health care organizations on provider and patient behavior. For his dissertation, Chen empirically examined how vertical integration and prohibition against self-referrals affected physician prescribing behavior. His job market paper was selected for presentation at the American Law and Economics Association’s Annual Meeting, the Academy of Management, the Canadian Law and Economics Association, the Conference on Empirical Legal Studies, and the First Annual Conference on Empirical Health Law and Policy at Georgetown Law Center in 2009. The paper was also nominated for best paper based on a dissertation at the Academy of Management.
Chen comes to the Shorenstein Asia-Pacific Research Center not only with a multidisciplinary law and economics background, but also with an international perspective from having lived and worked in Taiwan, Japan, and France. He has a particularly intimate knowledge of the Taiwanese health care system from his experience as an assistant to the hospital administrator at a medical college in Taiwan.
During his past residence as a postdoctoral fellow with the Asia Health Policy Program, Chen conducted empirical research on cost containment policies in Taiwan and Japan and how those policies impacted provider behavior. His work also contributed to the program’s research activities on comparative health systems and health service delivery in the Asia-Pacific, a theme that encompasses the historical evolution of health policies; the role of the private sector and public-private partnerships; payment incentives and their impact on patients and providers; organizational innovation, contracting, and soft budget constraints; and chronic disease management and service coordination for aging populations.
Dr. Brian Chen recently completed his Ph.D. in Business Administration
in the Business and Public Policy Group at the Haas School of Business,
University of California at Berkeley. He received a Juris Doctor from
Stanford Law School in 1997, and graduated summa cum laude from Harvard
College in 1992.
Brian Chen
Shorenstein-Spogli Fellow in Comparative Health Policy
Speaker
The impact of global warming on food prices and hunger could be large over the next 20 years, according to a new Stanford University study. Researchers say that higher temperatures could significantly reduce yields of wheat, rice and maize - dietary staples for tens of millions of poor people who subsist on less than $1 a day. The resulting crop shortages would likely cause food prices to rise and drive many into poverty.
But even as some people are hurt, others would be helped out of poverty, says Stanford agricultural scientist David Lobell.
Lobell discussed the results of his research on Feb 19 at the annual meeting of the American Association for the Advancement of Science in San Diego.
"Poverty impacts depend not only on food prices but also on the earnings of the poor," said Lobell, a center fellow at Stanford's Program on Food Security and the Environment (FSE). "Most projections assume that if prices go up, the amount of poverty in the world also will go up, because poor people spend a lot of their money on food. But poor people are pretty diverse. There are those who farm their own land and would actually benefit from higher crop prices, and there are rural wage laborers and people that live in cities who definiztely will be hurt."
Lobell and his colleagues recently conducted the first in-depth study showing how different climate scenarios could affect incomes of farmers and laborers in developing countries.
Household incomes
In the study, Lobell, former FSE researcher Marshall Burke and Purdue University agricultural economist Thomas Hertel focused on 15 developing countries in Asia, Africa and Latin America. Hertel has developed a global trade model that closely tracks the consumption and production of rice, wheat and maize on a country-by-country basis. The model was used to project the effects of climate change on agriculture within 20 years and the resulting impact on prices and poverty.
Using a range of global warming forecasts, the researchers were able to project three different crop-yield scenarios by 2030:
"Low-yield" - crop production is toward the low end of expectations.
"Most likely" - projected yields are consistent with expectations.
"High-yield" - production is higher than expected.
"One of the limitations of previous forecasts is that they don't consider the full range of uncertainties - that is, the chance that things could be better or worse than we expect," Lobell said. "We provided Tom those three scenarios of what climate change could mean for agricultural productivity. Then he used the trade model to project how each scenario would affect prices and poverty over the next 20 years.
"The impacts we're talking about are mainly driven by warmer temperatures, which dry up the soil, speed up crop development and shut down biological processes, like photosynthesis, that plants rely on," he added. "Plants in general don't like it hotter, and in many climate forecasts, the temperatures projected for 2030 would be outside the range that crops prefer."
Results
The study revealed a surprising mix of winners and losers depending on the projected global temperature. The "most likely" scenario projected by the International Panel on Climate Change is that global temperatures will rise 1.8 degrees Fahrenheit (1 degree Celsius) by 2030. In that scenario, the trade model projected relatively little change in crop yields, food prices and poverty rates
But under the "low-yield" scenario, in which temperatures increase by 2.7 F (1.5 C), the model projects a 10 to 20 percent drop in agricultural productivity, which results in a 10 to 60 percent rise in the price of rice, wheat and maize. Because of these higher prices, the overall poverty rate in the 15 countries surveyed was expected to rise by 3 percent.
However, an analysis of individual countries revealed a far more complicated picture. In 11 of the 15 countries, poor people who owned their own land and raised their own crops actually benefited from higher food prices, according to the model. In Thailand, for example, the poverty rate for people in the non-agricultural sector was projected to rise 5 percent, while the rate for self-employed farmers dropped more than 30 percent - in part because, as food supplies dwindled, the global demand for higher-priced crops increased.
"If prices go up and you're tied to international markets, you could be lifted out of poverty quite considerably," Lobell explained. "But there are a lot of countries, like Bangladesh, where poor people are either in urban areas or in rural areas but don't own their own land. Countries like that could be hurt quite a lot. Then there are semi-arid countries - like Zambia, Mozambique and Malawi - where even if prices go up and people own land, productivity will go down so much that it can't make up for those price increases. In the 'low-yield' scenario, those countries would see higher poverty rates across all sectors."
Under the "high-yield" scenario, in which global temperatures rise just 0.9 F (0.5 C), crop productivity increased. The resulting food surplus led to a 16 percent drop in prices, which could be detrimental to farm owners. In Thailand, the poverty rate among self-employed farmers was projected to rise 60 percent, while those in the non-agriculture sector saw a slight drop in poverty. In Zambia, Mozambique, Malawi and Uganda, poverty in the non-farming sector was projected to decline as much as 5 percent.
Risk management
Lobell said that, although the likelihood of the "low-yield" or "high-yield" scenario occurring is only 5 percent, it is important for policymakers to consider the full range of possibilities if they want to help countries adapt to climate change and ultimately prevent an increase in poverty and hunger.
"It's like any sort of risk management or insurance program," he said. "You have to have some idea of the probability of events that have a big consequence. It's also important to keep in mind that any change, no matter how extreme, will benefit some households and hurt others."
The Program on Food Security and the Environment at Stanford is an interdisciplinary research and teaching program that generates policy solutions to the persistent problems of global hunger and environmental damage from agricultural practices worldwide. The program is jointly run by Stanford's Woods Institute for the Environment and the Freeman Spogli Institute for International Studies.
Carolina for Kibera (CFK) inspires and nurtures youth leaders in the slum of Kibera, Kenya through a unique model of participatory development. CFK recognizes the youth of Kibera as resilient, wise, innovative, and eager to lift their community above the poverty and violence that plagues it. CFK's long-term initiatives provide youth opportunities to learn and serve while addressing a wide range of community needs including healthcare, education, waste recycling and reduction, HIV/AIDS testing and counseling, and girls' empowerment. CFK's model of participatory to fight abject poverty, and prevent ethnic, gender and religious violence has been internationally recognized, earning awards as a Time Magazine and Gates Foundation "Hero of Global Health" and the 2008 Oklahoma City National Memorial Foundation's Reflections of Hope Award. CFK is a major affiliated entity of UNC based at the Center for Global Initiatives.
Salim Mohamed Salim Mohamed co-founded and served as the Executive Director of Carolina for Kibera for eight years. At the age of 16, he was involved in the development of MYSA - the largest youth sports program in Africa based in the Mathare slum of Nairobi. Salim has helped launch community based sports and development programs in Ghana, Gambia, and Nigeria and presented at the International AIDS Conference. He serves as a director for Shoe 4 Africa, an advisor to Global Education Fund and a YES! facilitator. A TED Africa Fellow, he is currently pursuing a master's degree at the University of Manchester.
Rye Barcott While an undergraduate on an NROTC scholarship at UNC-Chapel Hill in 2001, Barcott founded CFK with the late nurse Tabitha Atieno Festo and community organizer Salim Mohamed. Barcott served five years in the Marine Corps before earning a combined MBA and MPA at Harvard as a Reynolds Social Entrepreneurship Fellow and a member of the Harvard Endowment's Advisory Committee on Shareholder Responsibility. In 2006, he was named an ABC World News Person of the Year. A TED Fellow and member of the UNC Chancellor's Innovation Circle, Barcott is writing a book that juxtaposes community organizing and counter-insurgency (under contract, Bloomsbury Publishing).
Oksenberg Conference Room
Rye Barcott
Founder (l)
Speaker
Carolina for Kibera (CFK)
Salim Mohamed
Co-Founder (r)
Speaker
Carolina for Kibera (CFK)