[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] STRENGTHENING MEDICARE FOR SENIORS: UNDERSTANDING THE CHALLENGES OF TRADITIONAL MEDICARE'S BENEFIT DESIGN ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON HEALTH OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION __________ APRIL 11, 2013 __________ Serial No. 113-28 Printed for the use of the Committee on Energy and Commerce energycommerce.house.gov U.S. GOVERNMENT PRINTING OFFICE 82-181 WASHINGTON : 2013 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON ENERGY AND COMMERCE FRED UPTON, Michigan Chairman RALPH M. HALL, Texas HENRY A. WAXMAN, California JOE BARTON, Texas Ranking Member Chairman Emeritus JOHN D. DINGELL, Michigan ED WHITFIELD, Kentucky Chairman Emeritus JOHN SHIMKUS, Illinois EDWARD J. MARKEY, Massachusetts JOSEPH R. PITTS, Pennsylvania FRANK PALLONE, Jr., New Jersey GREG WALDEN, Oregon BOBBY L. RUSH, Illinois LEE TERRY, Nebraska ANNA G. ESHOO, California MIKE ROGERS, Michigan ELIOT L. ENGEL, New York TIM MURPHY, Pennsylvania GENE GREEN, Texas MICHAEL C. BURGESS, Texas DIANA DeGETTE, Colorado MARSHA BLACKBURN, Tennessee LOIS CAPPS, California Vice Chairman MICHAEL F. DOYLE, Pennsylvania PHIL GINGREY, Georgia JANICE D. SCHAKOWSKY, Illinois STEVE SCALISE, Louisiana JIM MATHESON, Utah ROBERT E. LATTA, Ohio G.K. BUTTERFIELD, North Carolina CATHY McMORRIS RODGERS, Washington JOHN BARROW, Georgia GREGG HARPER, Mississippi DORIS O. MATSUI, California LEONARD LANCE, New Jersey DONNA M. CHRISTENSEN, Virgin BILL CASSIDY, Louisiana Islands BRETT GUTHRIE, Kentucky KATHY CASTOR, Florida PETE OLSON, Texas JOHN P. SARBANES, Maryland DAVID B. McKINLEY, West Virginia JERRY McNERNEY, California CORY GARDNER, Colorado BRUCE L. BRALEY, Iowa MIKE POMPEO, Kansas PETER WELCH, Vermont ADAM KINZINGER, Illinois BEN RAY LUJAN, New Mexico H. MORGAN GRIFFITH, Virginia PAUL TONKO, New York GUS M. BILIRAKIS, Florida BILL JOHNSON, Missouri BILLY LONG, Missouri RENEE L. ELLMERS, North Carolina Subcommittee on Health JOSEPH R. PITTS, Pennsylvania Chairman MICHAEL C. BURGESS, Texas FRANK PALLONE, Jr., New Jersey Vice Chairman Ranking Member ED WHITFIELD, Kentucky JOHN D. DINGELL, Michigan JOHN SHIMKUS, Illinois ELIOT L. ENGEL, New York MIKE ROGERS, Michigan LOIS CAPPS, California TIM MURPHY, Pennsylvania JANICE D. SCHAKOWSKY, Illinois MARSHA BLACKBURN, Tennessee JIM MATHESON, Utah PHIL GINGREY, Georgia GENE GREEN, Texas CATHY McMORRIS RODGERS, Washington G.K. BUTTERFIELD, North Carolina LEONARD LANCE, New Jersey JOHN BARROW, Georgia BILL CASSIDY, Louisiana DONNA M. CHRISTENSEN, Virgin BRETT GUTHRIE, Kentucky Islands H. MORGAN GRIFFITH, Virginia KATHY CASTOR, Florida GUS M. BILIRAKIS, Florida JOHN P. SARBANES, Maryland RENEE L. ELLMERS, North Carolina HENRY A. WAXMAN, California (ex JOE BARTON, Texas officio) FRED UPTON, Michigan (ex officio) C O N T E N T S ---------- Page Hon. Joseph R. Pitts, a Representative in Congress from the Commonwealth of Pennsylvania, opening statement................ 1 Prepared statement........................................... 3 Hon. Frank Pallone, Jr., a Representative in Congress from the State of New Jersey, opening statement......................... 4 Hon. Michael C. Burgess, a Representative in Congress from the State of Texas, opening statement.............................. 5 Hon. Henry A. Waxman, a Representative in Congress from the State of California, opening statement............................... 6 Witnesses Glenn Hackbarth, J.D., Chairman, Medicare Payment Advisory Commission..................................................... 7 Prepared statement........................................... 10 Submitted Material Document entitled, ``Ideas for Reforming the Medicare Benefit Design: A Historical Year Review of Bipartisan Support,'' submitted by Mrs. Ellmers...................................... 54 Statements for the record, submitted by Mr. Pallone USW.......................................................... 56 CHA, CMA, and MRC............................................ 62 UAW.......................................................... 72 NAHCH........................................................ 75 NCPSSM....................................................... 86 STRENGTHENING MEDICARE FOR SENIORS: UNDERSTANDING THE CHALLENGES OF TRADITIONAL MEDICARE'S BENEFIT DESIGN ---------- THURSDAY, APRIL 11, 2013 House of Representatives, Subcommittee on Health, Committee on Energy and Commerce, Washington, DC. The subcommittee met, pursuant to call, at 10:01 a.m., in room 2322 of the Rayburn House Office Building, Hon. Joe Pitts (chairman of the subcommittee) presiding. Present: Representatives Pitts, Burgess, Blackburn, Gingrey, Cassidy, Guthrie, Griffith, Bilirakis, Ellmers, Pallone, Dingell, Matheson, Green, Christensen, Sarbanes, and Waxman (ex officio). Staff present: Matt Bravo, Professional Staff Member; Steve Ferrara, Health Fellow; Julie Goon, Health Policy Advisor; Brad Gantz, Policy Coordinator, Oversight and Investigations; Sydne Harwick, Legislative Clerk; Robert Horne, Professional Staff Member, Health; Katie Novaria, Professional Staff Member, Health; John O'Shea, Professional Staff Member, Health; Monica Popp, Professional Staff Member, Health; Andrew Powaleny, Deputy Press Secretary; Heidi Stirrup, Health Policy Coordinator; Phil Barnett, Democratic Staff Director; Alli Corr, Democratic Policy Analyst; Amy Hall, Democratic Senior Professional Staff Member; Elizabeth Letter, Democratic Assistant Press Secretary; Karen Lightfoot, Democratic Communications Director and Senior Policy Advisor; and Karen Nelson, Democratic Deputy Committee Staff Director for Health. OPENING STATEMENT OF HON. JOSEPH R. PITTS, A REPRESENTATIVE IN CONGRESS FROM THE COMMONWEALTH OF PENNSYLVANIA Mr. Pitts. The time of 10 o'clock having arrived, the subcommittee will come to order. The Chair will recognize himself for an opening statement. Nearly 50 million seniors rely on the Medicare program for their health care. It is important for us to understand Medicare's current benefit structure and look at ways to modernize it to better serve beneficiaries and protect them from catastrophic costs. When it was created in 1965, Medicare's benefit design was modeled on private insurance products available at the time. However, while the private insurance market has undergone dramatic changes in the last half century, Medicare's traditional benefit structure has remained essentially unchanged. Unlike most private insurance today, which has a single deductible for all medical services, Medicare has separate deductibles for Part A, hospital services, and Part B, physician and outpatient services. While the Part A deductible is rather high--$1,156 in 2012--the Part B deductible is relatively low--$140 in 2012. Medicare fee-for-service also has a complex and sometimes confusing copayment structure. In addition to the Part A deductible, beneficiaries also pay daily copayments for stays at hospitals and skilled nursing facilities. Depending on how many hospital stays a senior incurs in a year, he or she may owe more than one hospital deductible for a year. In addition to the Part B deductible, beneficiaries also pay a monthly Part B premium, and generally pay 20 percent of most charges for outpatient and physician services. As Medicare's current benefit structure has no cap on how much out-of-pocket spending a beneficiary can incur, seniors are left open to considerable financial risk and uncertainty. They don't know what they will have to pay when they go in for a procedure or test, and ultimately this uncertainty threatens every senior with the potential of medical bankruptcy. Due to this financial uncertainty, and the lack of comprehensive coverage in fee-for-service, almost 90 percent of beneficiaries purchase or receive supplemental insurance. Everything about our health care system has changed dramatically since the 1960s as health care has become more and more complex. The models and standards of care, tests, treatments, drugs, and medical breakthroughs that we enjoy today were unknown when Medicare was enacted. In 1965, insurance protected us against hospital costs from conditions that were most likely fatal--heart disease, cancer, and stroke. Today, we use insurance to help manage chronic illnesses and treat diseases, allowing beneficiaries to live for decades and to stay in home and community settings for much longer. The only part of our health care system that has not evolved since Medicare's inception is Medicare's fee-for- service benefit design itself. We don't give our seniors 1960s medical care--in many cases that would be considered malpractice today--so why do we continue to give them a 1960s insurance product? We have an obligation to modernize Medicare and standardize its cost-sharing structure. We should have a single deductible for Parts A and B, and we should streamline benefits so that fewer seniors will have to purchase supplemental coverage with money from their own pocket. We should institute a catastrophic cap on out-of-pocket spending to protect seniors from the threat of medical bankruptcy. And with Medicare's unsustainable financial footing--according to its trustees, Medicare will be insolvent by 2024, and as soon as 2017--we need to expand means testing for higher-income beneficiaries, in order to protect the most vulnerable seniors. Let us bring Medicare into the 21st century. I would like to thank MedPAC Chairman Glenn Hackbarth for agreeing to testify today. In recent years, MedPAC has made many recommendations on how to improve the Medicare program, and we are eager to hear about some of them. [The prepared statement of Mr. Pitts follows:] Prepared statement of Hon. Joseph R. Pitts The Subcommittee will come to order. The Chair will recognize himself for an opening statement.Nearly 50 million seniors rely on the Medicare program for their health care. It is important for us to understand Medicare's current benefit structure and look at ways to modernize it to better serve beneficiaries and protect them from catastrophic costs. When it was created in 1965, Medicare's benefit design was modeled on private insurance products available at the time. However, while the private insurance market has undergone dramatic changes in the last half century, Medicare's traditional benefit structure has remained essentially unchanged. Unlike most private insurance today, which has a single deductible for all medical services, Medicare has separate deductibles for Part A, hospital services, and Part B, physician and outpatient services. While the Part A deductible is rather high--$1,156 in 2012, the Part B deductible is relatively low--$140 in 2012. Medicare fee-for-service (FFS) also has a complex and sometimes confusing copayment structure. In addition to the Part A deductible, beneficiaries also pay daily copayments for stays at hospitals and skilled nursing facilities. Depending on how many hospital stays a senior incurs in a year, he or she may owe more than one hospital deductible for a year. In addition to the Part B deductible, beneficiaries also pay a monthly Part B premium, and generally pay 20% of most charges for outpatient and physician services. As Medicare's current benefit structure has no cap on how much out-of-pocket spending a beneficiary can incur, seniors are left open to considerable financial risk and uncertainty. They don't know what they will have to pay when they go in for a procedure or test, and ultimately this uncertainty threatens every senior with the potential of medical bankruptcy. Due to this financial uncertainty--and the lack of comprehensive coverage in FFS--almost 90% of beneficiaries purchase or receive supplemental insurance. Everything about our health care system has changed dramatically since the 1960s as health care has become more and more complex. The models and standards of care, tests, treatments, drugs, and medical breakthroughs that we enjoy today were unknown when Medicare was enacted. In 1965, insurance protected us against hospital costs from conditions that were most likely fatal--heart disease, cancer, and stroke. Today, we use insurance to help manage chronic illnesses and treat diseases, allowing beneficiaries to live for decades, and to stay in home and community settings for much longer. The only part of our health care system that has not evolved since Medicare's inception is Medicare's fee-for- service benefit design itself. We don't give our seniors 1960s medical care--in many cases that would be considered malpractice today--so why do we continue to give them a 1960s insurance product? We have an obligation to modernize Medicare and standardize its cost-sharing structure. We should have a single deductible for Parts A and B, and we should streamline benefits so that fewer seniors will have to purchase supplemental coverage with money from their own pocket. We should institute a catastrophic cap on out-of-pocket spending to protect seniors from the threat of medical bankruptcy.And with Medicare's unsustainable financial footing--according to its Trustees, Medicare will be insolvent by 2024, and as soon as 2017--we need to expand means-testing for higher-income beneficiaries, in order to protect the most vulnerable seniors. Let's bring Medicare into the 21st century. I'd like to thank MedPAC's chairman, Glenn Hackbarth, for agreeing to testify today. In recent years, MedPAC has made many recommendations on how to improve the Medicare program, and we are eager to hear about some of them. Thank you, and I yield the remainder of my time to Rep. -- --------------------------------. Mr. Pitts. At this point I will recognize the ranking member, Mr. Pallone, for 5 minutes for opening statement. OPENING STATEMENT OF HON. FRANK PALLONE JR, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY Mr. Pallone. Thank you, Chairman Pitts, and I am very pleased that you have decided to consider today's topic. Improving and strengthening Medicare for generations to come is a primary goal of mine. In fact, I have dedicated time to ensure seniors have access to affordable health care options and the safety nets that they need to age with dignity and respect. It is no exaggeration to say that Medicare alone is the most successful health care and anti-poverty program ever, and this is why Medicare should be protected and improved, not left vulnerable to cuts in the years to come. The Affordable Care Act begins those improvements. It reduces Medicare spending, extends solvency, and brings growth in per-patient costs to record lows. In addition, preventive services are now free of charge to beneficiaries, and we finally have laid the groundwork to reward treatment value over volume. I believe more can be done, however. The fact is, we are faced with an inevitable reality that our Nation's baby boomers are aging into the program at very high rates, higher rates than we have seen in the past. In fact, 11,000 new seniors become eligible for Medicare every day. So I think we need to explore the option of modernizing the Medicare benefit design. Right now, some beneficiaries already pay too much out of pocket, and for years, my colleagues and I have explored the need for some type of catastrophic cap for seniors, in addition to the fact that Part A and Part B have such divergent cost sharing and deductibles might seem arbitrary and confusing. Why shouldn't Medicare be more seamless and simple? Given that the average beneficiary makes only $22,500 annually and already spends disproportionately more on health care than a younger person makes this very challenging territory. When you change one side of the ledger, it has an impact on the other side, and any reform must be done without significant cost shifts to seniors. But what Republicans want to do when they talk about reform is to cut the structural foundation of Medicare, turn the whole thing over to insurance companies, and I can tell you right now that that option is simply a nonstarter. In addition, any proposals must be carefully examined not by how they might save money but how they will benefit beneficiaries, providers and the system as a whole. We can't restructure the program for the sake of generating savings, whether that is in the name of deficit reduction or to help pay for the SGR fix, because that is bad policy. We must modernize the program because it is good for the very real people that it serves and will serve for generations to come. We have to modernize because we recognize that perhaps it is not designed the most efficient or affordable way, and I stand ready to explore those options, but I will not stand by while others lose sight of the importance of Medicare to our Nation's seniors, and I yield back the balance of my time. I don't know if any of my colleagues want time. Then I will yield back the balance of my time. Mr. Pitts. The Chair thanks the gentleman and now recognizes the vice chairman of the subcommittee, Dr. Burgess, for 5 minutes for a statement. OPENING STATEMENT OF HON. MICHAEL C. BURGESS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF TEXAS Mr. Burgess. I thank the chairman for the recognition. We have heard it several times this morning already. The 12,000 new beneficiaries added to Medicare every day put pressure on the system and does move it closer towards insolvency. In its current form, Medicare will not be able to meet the promise it has made in a few short years. It is not a surprise. We expect a program designed in 1965 to adapt to the needs and usage pattern of beneficiaries in the 21st century. Medicare's current benefit design needs to be reformed in a way that more adequately reflects the needs and expectations of today's seniors. The first step in moving toward a higher-performing Medicare program must be the elimination of the flawed Sustainable Growth Rate formula. Last-minute fixes to the formula certainly have burdened this committee, but it has been devastating to beneficiaries and providers, producing an unpredictable payment environment and has risked beneficiaries' access to care. Last week, the majority along with the Ways and Means Committee released the second draft of a proposal to repeal or replace the broken Sustainable Growth Rate formula. The proposal realizes that the key to reforming the system is to enable providers to have flexibility to participate in payment and delivery models that best fit their practice. There will always be areas where providers choose or need to practice in a fee-for-service model. We must also continue to seek out innovative models that can adapt to changes in clinical guidelines and best practices, but the heart of the issue remains the beneficiary--the patient. As cost pressures increase, we risk the ability to provide access to services for our patients. We must seek reforms that provide patients with greater control of their health care. If we ask a beneficiary to participate in their health care through cost sharing, we are obligated to provide them with transparent cost information so that they can plan for their future needs. It is hard to plan for what 20 percent coinsurance means when you don't know what 20 percent is part of. Enabling patients to be more involved in their care not only allows them greater control of their health care spending but provides greater protections for patients and moves an outdated program into the future. We have neglected these problems for far too long. We know the structural and fiscal problems in the health care system. The only question now is how long will Americans tolerate Congress staring at these problems without actually fixing them for future generations. I am very grateful to see Mr. Hackbarth back with us this morning. He has been before our committee several times. MedPAC has recommended a range of different policies over the years to reform Medicare's benefit structure. I certainly look forward to hearing more of these ideas in Mr. Hackbarth's testimony, and I would now like to yield to the gentleman from Georgia, Dr. Gingrey. Mr. Gingrey. Mr. Chairman, I thank the vice chairman for yielding to me. As a physician for over 30 years, it was my job to engage with patients and offer them a straight answer no matter the seriousness of the prognosis, and I think at this point it is incredibly important for Congress to do the same thing, to engage seniors on the urgency of Medicare's fiscal situation and work to explain how changes to the current Medicare benefit can decrease personal risk and increase the solvency of the program. I don't think that anyone here would disagree that the Medicare program of today is in trouble. The hospital trust fund is to set to run out somewhere between 2017 and 2024, whoever you believe, but clearly it is coming. What will happen once this point occurs is anybody's guess. The looming fiscal disaster must certainly be addressed before the fund is exhausted lest we leave beneficiaries with unacceptable costs or lack of access to care, or both. Mr. Chairman, we must look for ways to improve the Medicare benefit not only for our current seniors but to ensure those benefits are there for future generations. We have a system that was created in the 1960s, as Dr. Burgess was just mentioning, very few adjustments since then. The way we practice medicine today has changed, and it is time for the way we pay for medicine to reflect that, and I thank you, Mr. Chairman, for calling this hearing. I look forward, as I know my colleagues do, to hearing from Mr. Hackbarth. He has been with us, as has been said, a number of times, and his suggestions for restructuring the benefits and incentives to improve Medicare for this country's beneficiaries are welcome. So I thank Dr. Burgess, and I will yield back. Mr. Pitts. The Chair thanks the gentleman and now recognizes the ranking member of the full committee, Mr. Waxman, 5 minutes for opening statement. OPENING STATEMENT OF HON. HENRY A. WAXMAN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA Mr. Waxman. Thank you, Mr. Chairman. For more than four decades, Medicare has been a critical program for ensuring the health and the financial well being for senior and disabled people. I appreciate the opportunity to talk about ways we can continue to improve the program by broadening the protections for beneficiaries and improving the value of the program for both beneficiaries and taxpayers. I welcome our witness from MedPAC, Mr. Hackbarth. I appreciate your coming back to our committee. The recognition by MedPAC that we should improve beneficiary benefits by putting a limit on out-of-pocket catastrophic spending, rationalizing deductibles, and making coinsurance and copayments more predictable makes sense, but with any policy, the devil is in the details. The median income for Medicare beneficiaries is only $22,500 a year. A lot of people think that the elderly are the wealthiest, and there are wealthy elderly but the median income is $22,500. Medicare beneficiaries already pay more out of pocket for health care than individuals under 65. So any proposal to redesign Medicare that leaves beneficiaries holding the bag is not one that I could endorse. That is why I am glad to see that a key element of MedPAC's proposal is that it is ``beneficiary liability neutral''. That is, on average, beneficiary out-of-pocket payment should not increase, and at the same time, we need to keep in mind that there will inevitably be winners and losers within the Medicare population. There are other elements of MedPAC's redesign option that I believe need more careful scrutiny. MedPAC also recommends adding a charge for supplemental insurance policies, whether provided by employers or purchased by individuals, to offset the financial impact to Medicare of first-dollar coverage. I think there are two important points to be made here, one, that these are not separate proposals. The proposal to reform supplemental coverage is linked and not severable from improving beneficiary benefits. This is important because I would hate to see some of my colleagues who are more concerned with cutting costs than securing benefits try to do one without the other. We also need to carefully assess the impact this could have on the near poor, who do not qualify for Medicare extra help for their out-of-pocket costs and may not have the means to afford any additional costs. My second point has to do with the unintended consequences that eliminating first-dollar coverage could have on necessary utilization. The problem is that the relationship between cost sharing and service utilization is not the same in low-income and elderly populations, especially sick, elderly populations, as it is in younger, healthier populations. The Medicare population is older, poorer, with 50 percent of beneficiaries at or below 200 percent of the federal poverty level, and sicker, with 40% having three or more chronic conditions, than the general population. As a result, if we make supplemental insurance less affordable or reduce the level of coverage, Medicare beneficiaries are at greater risk of deferring not only unnecessary care, but necessary care, negatively impacting their health. As we think about opportunities to improve the benefit package in Medicare, we must add protections for beneficiaries and at the same time be careful not to generate both predictable and unintended consequences. We must continue to protect our most vulnerable seniors. Finally, we must make sure that we are not using program redesign as a pretext for reducing spending by shifting costs onto those beneficiaries. Thank you, Mr. Chairman. I yield back the time. Mr. Pitts. The Chair thanks the gentleman. That concludes the opening statements of the members. We have one witness today, and our panel today we have Mr. Glenn Hackbarth, Chairman of the Medicare Payment Advisory Commission. Thank you for coming. You will have 5 minutes to summarize your testimony, and your full written testimony will be placed in the record. At this point you are recognized for 5 minutes. STATEMENT OF GLENN HACKBARTH, J.D., CHAIRMAN, MEDICARE PAYMENT ADVISORY COMMISSION Mr. Hackbarth. Thank you, Chairman Pitts and Ranking Member Pallone and Vice Chairman Burgess and Ranking Member Waxman. I appreciate the opportunity to talk about MedPAC's recommendations on redesigning the Medicare benefit package. In our view, the current Medicare benefit package is both inadequate and confusing. It is inadequate in the sense that it lacks catastrophic coverage, that is, a limit on the maximum out-of-pocket costs that can be incurred by a patient. It is confusing with its bifurcated Part A and B structure and a complex system of patient cost sharing, a mixture of copayments and percentage coinsurance. In our view, the status quo, the current benefit package, is not good for Medicare beneficiaries nor for taxpayers. Because of the inadequate and confusing nature of the Medicare benefit package, many beneficiaries are induced to buy supplemental coverage, often at a very high price. Taxpayers in turn must pay for the increased costs resulting from supplemental coverage that often covers even the first dollar of out-of-pocket expense. In our view, the principal winners from the status quo are the insurance companies that sell supplemental coverage. It is a lose-lose proposition for Medicare beneficiaries and for taxpayers. With these inadequacies in mind, MedPAC has recommended redesigning the Medicare benefit package consistent with five principles. First, there should be no increase the average Medicare beneficiary liability for out-of-pocket costs. In other words, the benefit package should not be reduced in its actuarial value. We don't believe that Medicare currently is too rich a benefit package. If anything, it is too lean, given the population served. Second, we believe that a redesigned Medicare benefit package should include an out-of-pocket limit, that is catastrophic coverage. Third, we believe that wherever possible, the Medicare benefit package should be simplified, for example, by substituting fixed dollar copays for percentage coinsurance. Our research with beneficiaries shows that fixed dollar copays are much more readily understood and provide some comfort to beneficiaries about what their costs will be for particular services. Fourth, we believe that Congress should give the Secretary of HHS the authority to modify the Medicare benefit package consistent with the principles of value-based insurance design. That means that the Secretary should have the authority to reduce out-of-pocket payments for beneficiaries for services that are established by scientific evidence to be of high value to patients. Conversely, the Secretary should be able to increase copayments for services that evidence shows are of low value to patients. Finally, we recommend that Congress institute a charge on supplemental coverage. The purpose of the charge would be to ensure that beneficiaries who elect to buy supplemental coverage share at least a portion of the additional costs that that private decision results in for the taxpayers and the Medicare program. The premium that a beneficiary pays for supplemental coverage only covers a fraction of the additional costs that the program incurs as a result of supplemental coverage. Let me conclude with three points that I think bear particular emphasis. One is that patient cost sharing is an imperfect method of controlling costs, albeit a necessary one in the context of a free choice of provider, largely fee-for- service insurance program. We don't believe that patient cost sharing should be the only or even the principal method of trying to control costs. Indeed, most of MedPAC's work focuses on changing how we pay providers, providing better incentives for high-value care. The second point I would like to emphasize is that by giving the Secretary the authority to institute value-based insurance design, we can improve the targeting of cost sharing, making it less likely that cost sharing will have an adverse effect on quality and outcomes. Finally, I would like to emphasize that we would not prohibit Medicare beneficiaries from buying supplemental coverage, even first-dollar coverage, if they so desire. We only think that Medicare beneficiaries should face some of the additional costs that decision imposes on the Medicare program and the taxpayers. I should also emphasize that the supplemental charge we would envision only as part of an overall package. All of these recommendations we see as an integrated package, not isolated recommendations. With that, Mr. Chairman, I welcome your questions. [The prepared statement of Mr. Hackbarth follows:] [GRAPHIC] [TIFF OMITTED] Mr. Pitts. Thank you, Mr. Hackbarth. The Chair recognizes himself for 5 minutes for questioning. Mr. Hackbarth, many experts have noted that traditional Medicare is an outdated form of health insurance coverage and needs to be modernized. In 1999, AARP's Public Policy Institute published a paper entitled ``The Effects of Merging Part A and B of Medicare.'' They said, ``Medicare's two-part system continues to mirror the structure of private insurance at the time of Medicare's inception in 1965, a structure that often included separate insurance for hospital and physician care.'' Do you agree with the AARP that Medicare's separate hospital and physician benefits closely resemble the type of insurance available to consumers in the 1960s? Mr. Hackbarth. Yes. Mr. Pitts. Medicare Advantage, a more modern type of coverage signed into law in the late 1990s, is also modeled closely after the types of insurance available to consumers at the time. Do Medicare Advantage plans use separate insurance for hospital and physician care? Mr. Hackbarth. No, not to my knowledge, sir. Mr. Pitts. Medicare drug plans are even more modern, having been passed into law by Congress in 2003. Do Medicare drug plans have catastrophic coverage caps? Mr. Hackbarth. Yes. Mr. Pitts. Is the traditional Medicare benefit the only type of comprehensive coverage in Medicare that does not have a catastrophic coverage cap? Mr. Hackbarth. Yes. Mr. Pitts. And for the record, is it MedPAC's position that Congress should update traditional Medicare fee-for-service to include a catastrophic coverage cap, among other reforms, because these reforms would benefit seniors. Mr. Hackbarth. Yes. Mr. Pitts. Thank you. Nearly 50 years have passed, and Medicare's model has become outdated. Seniors deserve a modern product that meets their needs and helps them control cost. I think it is time for Congress to strengthen and save Medicare, making sure that current beneficiaries get what they need and also that future retirees can count on the program being there for them one day. Now, AARP's Public Policy Institute paper also states that ``A third criticism of two systems of financing for Part A and Part B has hindered management of the original fee-for-service Medicare. Integrating all of Medicare's funding sources into one pool of money would enhance management of health resources and improve accountability for health spending in FFS Medicare.'' Can you tell us your thoughts on what impact this antiquated two-tiered financing system within traditional Medicare has on CMS's ability to manage health spending appropriately, and do you believe it is possible that the antiquated manner in which traditional Medicare fee-for-service is financed might be contributing to the amount of waste, fraud and abuse lost each year? Mr. Hackbarth. So you are asking about the financing, separate financing of A and B with payroll tax used to finance Part B and premiums and general revenues for Part B? Mr. Pitts. Yes. Mr. Hackbarth. We have not specifically looked, Chairman Pitts, at the financing mechanisms and what the implications would be for fraud and abuse. We have focused on the benefit design and payment methods for providers primarily. Mr. Pitts. Now, you state in your testimony one key purpose of insurance is to reduce the financial risk posed by catastrophic medical expenses. To avoid such risk, individuals should be willing to pay a higher premium than the average cost of care they might face. Can you expand on that idea for us? Mr. Hackbarth. Well, probably the single most important feature of any insurance program is a limit someone can incur. Now, the medical expense is that most of it is unpredictable. So any given beneficiary in any given year might pay a premium but not use the insurance, may not use the catastrophic cost yet you pay the premium against the risk that it might be your year to have a very serious illness and incur high bills. That is the nature of insurance. A lot of people pay an amount, don't use the full amount, they pay premiums higher than their actual incurred expenses so that when their day comes and unfortunately they suffer a severe illness, the protection is there for them. Mr. Pitts. My time is expired. Thank you. The Chair recognizes the ranking member of the subcommittee, Mr. Pallone, for 5 minutes for questions. Mr. Pallone. Thank you, Mr. Chairman. Mr. Hackbarth, I am just following up to some extent on what the chairman just said. While MedPAC included a unified deductible combining the Part A and B deductible into one unified deductible, in your illustrative scenario you did not actually recommend a unified deductible. So why is that? Can you talk about the pros and cons of a unified deductible? Mr. Hackbarth. You are correct, Mr. Pallone. We did not specifically recommend a unified deductible. We felt that the precise structure of the cost sharing is a decision that ought to be delegated to the Secretary in keeping with the principles of value-based insurance design. The argument for a combined deductible is that it is simpler and that it is more in keeping with the basic principles of insurance where you want to provide the most protection to patients that have the highest cost. The current structure, as you well know, has a relatively low deductible on Part B and a significantly higher---- Mr. Pallone. So what is the downside then? Mr. Hackbarth. The downside of moving to a combined deductible is the impact on beneficiaries who use only Part B services in any given year. They would have a higher deductible than the current $147 that they have in Part B deductible. Mr. Pallone. All right. Let me ask about SGR reform. I appreciate the fact that MedPAC continues to lead and support SGR reform and I share the sentiment of the commissions that it is past time to take action. I also appreciate the recognition that we need to move delivery systems and payment systems reform to more value-based systems that were included in the ACA like the medical homes and accountable care organizations. But with regard to SGR reform, is my understanding correct that MedPAC is not recommending that costs be shifted to beneficiaries? Mr. Hackbarth. Well, we have recommended in benefit design, as I said in my opening comment, that the average liability for beneficiaries not be increased. Mr. Pallone. OK. So just to clarify further, MedPAC has not recommended that an SGR fix be offset within Medicare. Is that accurate? Mr. Hackbarth. We did not recommend that. We believe that is Congress's decision to make. What we have tried to do is offer options for offsetting the cost within Medicare if Congress elects to fully offset SGR within Medicare. Mr. Pallone. But you are not recommending that be offset within Medicare? Mr. Hackbarth. We have not. Mr. Pallone. Now, I am concerned that some people are eyeing this idea of Medicare benefit redesign as a way to simply get budgetary savings by shifting more costs onto the backs of beneficiaries. However, in looking at your redesign recommendations, I notice that you recommend beneficiary liability remains neutral, that overall beneficiary cost- sharing levels stay the same in aggregate. So even though some beneficiaries will see their costs go up and some will see their costs will go down, the overall out-of-pocket costs for the average beneficiary will stay the same. So am I reading that correctly, that MedPAC doesn't envision or propose any savings from benefit redesign itself? Mr. Hackbarth. From the redesign itself, no, sir. Mr. Pallone. So in your proposal, isn't it true that the savings come from the tax on first-dollar supplemental coverage? Mr. Hackbarth. That is correct. Mr. Pallone. And was keeping beneficiary liability neutral an important principle for the commission? Did you want to comment on that? Mr. Hackbarth. Yes, it is a very important principle from our perspective. As I said in my opening comment, we don't think the current benefit package is too rich. If anything, it is too lean. Our principal concerns about it are its inappropriate structure. It is not well designed for the needs of the Medicare population, and we think it should be restructured. Mr. Pallone. Can you share with us why not cost shifting to beneficiaries was felt to be so important? Do you want to comment on that as well? I know you have to some extent. Mr. Hackbarth. Well, as I say, we think for the population served, which is an older obviously somewhat higher-risk population, this is not a rich benefit package compared to what employment-based coverage offers, for example, and so rather than try to achieve savings by cutting benefits, we thought it was better to redesign them. Now, it is possible that if we have a simpler design and one that includes catastrophic coverage that some beneficiaries will choose to forego supplemental insurance over time, and if that happens, we would expect that that might result in lower utilization because there would be most cost sharing at the point of service but it would be the beneficiary's choice to do that. Mr. Pallone. All right. Thank you so much. Thank you, Mr. Chairman. Mr. Pitts. The Chair thanks the gentleman and now recognizes the vice chairman of the subcommittee, Dr. Burgess, for 5 minutes for questions. Mr. Burgess. Thank you, Mr. Chairman. Mr. Hackbarth, let me just ask you, in a Medicare Advantage system, would a patient buy supplemental insurance for Medicare Advantage? Mr. Hackbarth. Typically, they would not. Medicare advantage is offering a different set of tradeoffs, so typically patients have lower cost sharing at the point of service in exchange for agreeing to perhaps network limitations that they are steered to particular providers by the insurer or their benefits are subject to utilization management, you know, prior authorization or other management controls, so that is the tradeoff: lower cost sharing, more management. Mr. Burgess. I guess I am having a hard time understanding. It seems like if someone buys a supplemental insurance policy as they enter into Medicare, they are doing the responsible thing by putting some of their own dollars into their future health care by covering against what would be excessive out-of- pocket costs if they get sick. So they are--it looks to me from a physician's standpoint, they are doing the prudent thing. Now, I honestly can't tell you that I ever got a reimbursement check from a Medigap policy, so I don't know. Maybe those dollars never go where they are supposed to. But it looks like the patient is doing the prudent thing with doing that, but you seem to articulate a different opinion. Mr. Hackbarth. Well, our view is not for or against the purchase of supplemental insurance. We believe that beneficiaries should have the option of buying supplemental insurance, even first-dollar supplemental coverage, if that is what they wish. We do think that they ought to see more of the costs that result from that private decision. The premium that they pay for supplemental insurance reflects only a fraction of the additional costs that result from that decision. Mr. Burgess. But ultimately that is why someone buys insurance, correct, so they are not hit with the entire cost of whatever the event might be that they are insured against. Mr. Hackbarth. Yes, but even insuring against this event, they are underpaying for that cost. The right price for insurance should reflect the full cost of the purchasing decision. In the case of supplemental insurance, it does not. It reflects only a fraction of the cost. Mr. Burgess. Let me interrupt you because my time is going to run. I don't want to say whose fault is that, but why penalize the poor person who is trying to do the right thing and buying supplemental coverage with their own hard-earned dollars? It doesn't make sense to me to penalize or tax that person additionally if you want them to be bringing some of their own dollars to the system to keep the system solvent. Mr. Hackbarth. But we only want for beneficiaries to see more of the cost of the decision that they make. Mr. Burgess. I don't disagree with you. I mean, I think we have anesthetized people as to what health care really costs, and that is the argument for the entire health savings account third-party payment mechanism that is ubiquitous in health care, and perhaps we can talk about that at another time. When President Obama was doing his charm offensive up here a couple of weeks ago and met with House Republicans down in the basement, I have got to tell you, several years ago in one of the SGR fixes that I have introduced since coming to Congress, and there have been several, but one of them actually did away with Part A and Part B and melded them together. I got a lot of pushback when I introduced that. So I was surprised to hear the president say sort of one of the throwaway lines in answer to a question was, we could combine Part B and Part B. I guess as I further understand it, that was combining the deductibles. But is that a rational approach to dealing with some of these difficulties? Mr. Hackbarth. Well, again, we in our recommendation did not specifically recommend a combined deductible. We did recommend catastrophic covers both A and B. On the issue of the combined deductible, we think that actually that is a decision that ought to be part of an overall redesign of the cost sharing in keeping with the principles of value-based insurance design. Mr. Burgess. We do of course end up with some people who don't participate in Part B. They have their Part A coverage because of the payroll deduction that they have contributed throughout their working lives. So it is not a completely universal population. Let me just ask you another question. Cardiologists in this country 4 to 5 years underwent a practice upheaval, and largely because of the administrative pricing brought to them by Medicare. In other words, to do an echo or a treadmill test in the office suddenly was undervalued and it was overvalued, in my opinion, to do that in the hospital, and as a consequence you have seen cardiologists leave their individual practices and be hired by hospitals and insurance companies so that the private practice, solo practice of cardiology has gone away and yet the technology is changing such that, I don't know, NBC has a special on the other night where Dr. Snyderman interviewed Dr. Topol out of San Diego, and with a smartphone and a couple of little adapters, he was able to do an EKG, an echocardiogram and a continuous transcutaneous glucose monitoring. He was providing a lot of care at a very low cost in an office setting but we have kind of actually priced him out of business, have we not, with our administrative pricing in Medicare? Mr. Hackbarth. Well, as you know, Dr. Burgess, one of the issues that we are working on currently is synchronizing the payment systems between the hospital outpatient departments and physician offices. So historically, there have been dramatically different prices paid for the same service based on the location, physician office versus outpatient department. That is the problem, and that is skewing incentives, and we think contributing to the migration of physician practices including cardiology practices from outpatient privately owned offices into hospital outpatient departments. Mr. Burgess. But I think Medicare was the cause of that rather than the effect, your reimbursement. I realize my time is up, Mr. Chairman. I will yield back. Mr. Pitts. The Chair thanks the gentleman and now recognizes the ranking member emeritus, Mr. Dingell, for 5 minutes for questions. Mr. Dingell. Mr. Chairman, thank you for holding this hearing and thank you for the recognition, and to our witness, thank you. You have given us very excellent testimony this morning. As you will recall, it is my practice to ask for yes or no answers. I invite you, if you can, to give us supplemental information as you might deem to be appropriate. Mr. Hackbarth. I will try, Mr. Dingell. Mr. Dingell. We very much appreciate that. My old friend Hubert Humphrey once said the moral test of a government is how the government treats those who are in the dawn in life, in the twilight of life and in the shadows of life. Medicare helps our country meet that moral test by ensuring that our sick and elderly have access to care in the time of need. My old dad was one of the architects of Medicare, and it has endured as one of the great and significant pieces of legislation. Now, Mr. Hackbarth, I want to again express my appreciate for your fine testimony this morning. You note in your testimony that the cost-sharing structure of fee-for-service benefit has remained unchanged since 1965. Is that correct? Mr. Hackbarth. Literally, no, it has not. There have been some changes. Mr. Dingell. Have there been any really significant changes? Mr. Hackbarth. No. Mr. Dingell. All right. Would you submit that for the record? The current fee-for-service benefit has significant cost- sharing requirements for beneficiaries. Is that correct? Mr. Hackbarth. Yes. Mr. Dingell. Almost 90 percent of fee-for-service beneficiaries have supplemental coverage. Is that correct? Mr. Hackbarth. Yes. Mr. Dingell. Do you agree that the beneficiaries may choose to have supplemental coverage due to cost-sharing requirements in the current fee-for-service system? Mr. Hackbarth. Yes. Mr. Dingell. MedPAC has proposed an additional charge on supplemental coverage on Medigap and employer-sponsored retiree plans. Is that correct? Mr. Hackbarth. Yes. Mr. Dingell. And you have proposed this charge because the commission believes that supplemental coverage leads to increased utilization and spending. Is that correct? Mr. Hackbarth. Yes. Mr. Dingell. And it would also be fair to say, as you have observed earlier, that it is necessary for us to recoup some of the additional burdens that that imposes on the Medicare trust fund. Is that right? Mr. Hackbarth. Yes. Mr. Dingell. Do you think that an appropriate charge would be--what do you think would be an appropriate charge on supplemental coverage? Mr. Hackbarth. Can I---- Mr. Dingell. That is not a yes or no answer. Mr. Hackbarth. Good. We modeled 20 percent, a 20 percent charge, but we did not recommend a specific number. Mr. Dingell. I would appreciate if you would make some additional submissions to us on that point because it is a very important question. Who would be required to pay this charge? Now, we have some potentials here. Would it be individual policies? Mr. Hackbarth. We would impose it on the insurance company, and then it could be passed through in the premium, depending on how the market sorts it out. Mr. Dingell. Would it be on employer-sponsored retiree plans? Mr. Hackbarth. Yes. Mr. Dingell. And would it be applied only to new beneficiaries? Mr. Hackbarth. No. Mr. Dingell. Would it be applied to everybody? Mr. Hackbarth. Yes. Mr. Dingell. I know the Administration seems to be saying that these charges will be applied only to new beneficiaries after 2017. Mr. Hackbarth. Yes. Mr. Dingell. Do you agree that the supplemental charge would cause Medicare beneficiaries to face additional cost sharing? Now, you have some comments on that. Do you want to amplify on that? Mr. Hackbarth. Could you just repeat it again? Mr. Dingell. OK. Do you agree that the supplemental charge would cause Medicare beneficiaries to face additional cost sharing? Mr. Hackbarth. Well, certainly the supplemental charge itself would be an additional cost. How beneficiaries would respond to that is difficult to predict. What we think would happen is, the current beneficiaries may not change their choice of policies as significantly as new beneficiaries coming into the program over time. Mr. Dingell. Now, you have indicated that you don't intend to increase the burden on the population of beneficiaries generally. Am I correct in that? Mr. Hackbarth. In our benefit redesign? Mr. Dingell. Yes. Mr. Hackbarth. No. We went to hold that constant. Mr. Dingell. Now, do you agree that the supplemental charge could cause some beneficiaries to drop or reduce their supplemental coverage due to the additional charge? Mr. Hackbarth. We that it may cause some beneficiaries to change their choices. As you well know, there are a wide range of supplemental plans. Some have front-end cost sharing; some do not. So there might be a move from first-dollar supplemental coverage to policies that have some cost sharing at the point of service. Mr. Dingell. Now, I have to think that a charge on supplemental coverage could result in Medicare beneficiaries not seeking out the services and care they need or delaying treatment or care until it is too late. I think that is a potential risk but first, is it a risk, and second, what do we do about it? Mr. Hackbarth. It is a risk, and this is why we think it is very important to give the Secretary to the authority to adjust cost sharing based on the principles of value-based insurance design. In other words, reduce cost sharing for services of proven high value to patients and perhaps increase cost sharing for low-value services. Mr. Dingell. So you are suggesting the Secretary should have authority to adjust those charges but that should be subject again to requirements in law that would say he can't necessarily change the overall structure to create a disadvantage to the population. Is that right? Mr. Hackbarth. Exactly. Mr. Dingell. Mr. Chairman, I have gone over time. Mr. Pitts. The Chair thanks the gentleman and now recognizes the gentleman from Virginia, Mr. Griffith, 5 minutes for questions. Mr. Griffith. Thank you, Mr. Chairman. I was intrigued with your testimony in regard to secretarial authority to alter or eliminate cost sharing based on the evidence of the value of services, and I was wondering if you could expand on that because one of my concerns would be, I understand if something has a high benefit, lowering that cost pay, but you could theoretically raise the copay so high that people couldn't afford it, even if they really wanted to do that, and I am concerned that for a particular patient and a particular doctor, they may make a decision that perhaps universally might not have great benefit but could to that patient. I was wondering if you could expand on that. My thought was, maybe put caps on the high end. Mr. Hackbarth. So as you know, a number of private insurers and employers have been moving towards the idea of value-based insurance design. Typically, the focus has been on reducing patient copays for services of high proven value. An example would be having low copays for services provided to diabetics or patients with multiple chronic illnesses to make sure that they get the care they need to prevent worsening of their health and potentially higher bills as a result of that. There has been less done in terms of increasing copays for low-value services, probably for the obvious reason that there is more controversial than reductions are. So I would anticipate that at least initially most of what the Secretary might do with this authority is lower copays. That said, there are services that sometimes can be quite expensive but are of low value to patients, and rather than prohibit access to those services and say oh, you are a Medicare beneficiary, you can't have that service at all, the idea would be to say oK, you can have it but you are going to pay a bit more of the cost of that service if it is a proven low-value service. Mr. Griffith. And I don't come from a medical background. Can you give me an example of one of those that across the country would have low benefit and might need to have the fee raised? Mr. Hackbarth. Since I am not a physician either, I would be reluctant to do that. What I would say is that, you know, this should be done thoughtfully and will be done as part of a notice and comment rulemaking process so the Secretary would have to publish the evidence to support this low-value assessment, and all relevant parties would have the opportunity to contest that evidence and respond to it, and I think that is the way it ought to be decided by experts, not by people like me. Mr. Griffith. As a representative of the public, and while I generally think experts do a pretty good job, sometimes I have big disagreements with them and I would just have to say that while I kind of like the idea, Mr. Chairman, I would want to see--if we were to authorize the Secretary to do that, I would want to see some kind of a cap on the top of the--as a top number so that you wouldn't be in a position where suddenly a procedure is completely voided because the cost is just so horrendous that nobody can justify it except for the extremely rich. So I do appreciate that. With that, Mr. Chairman, I will yield back my time. Mr. Pitts. The Chair thanks the gentleman and now recognizes the gentleman from Utah, Mr. Matheson, 5 minutes for questions. Mr. Matheson. Thank you, Mr. Chairman, and thank you, Mr. Hackbarth, for being here today. It seems to me that one of the outcomes of your suggested change in this benefit design has something to do with overutilization and trying to address that issue in terms of having the individual patient have a little more of a consumer orientation. Is that a fair assumption? Mr. Hackbarth. That is part of it, Mr. Matheson, but the most important part from our perspective is to improve the benefit package for beneficiaries including catastrophic coverage. Mr. Matheson. I wanted to talk a little bit about a particular component of overutilization. I may be getting a little off the specific benefit design topic of this hearing, but I know in your MedPAC March report you identified some specific geographic areas where there is a strong reason to believe that certain inappropriate billing practices are at play in the home health care industry, and I have seen some data that is pretty phenomenal in my mind. I compare my State to Miami-Dade County. I got 190,000 Medicare beneficiaries in Utah. There are about that many in Miami-Dade County. However, there is 700 home health care providers in Miami-Dade County and about 100 in Utah. Home health services in Utah cost Medicare a lot less than the services performed in Miami-Dade. The average cost per enrollee in Utah is $560. The average cost in Miami-Dade County per enrollee is over six times that amount of $3,500. It strikes me that the vast majority of providers in the home health care industry in Utah are doing the right thing, and it strikes something is going on in Miami-Dade County that doesn't pass the smell test, and it seems to me that it is an important issue for us to look at in how we try to seek out these pockets of geographic areas where there is this huge overutilization going on and instead of doing a policy that may affect all providers including those that are doing the right thing that we target those who aren't. So in the instance of home health care, I was wondering, would it be better for Medicare in terms of saving money and decreasing overutilization to scrutinize the issue of new provider numbers or to look at reasonable limits on episodes of care in these high utilization areas like Miami-Dade County? Mr. Hackbarth. There are two types of problems in home health care as we see it, but before I focus on the problems, let me emphasize that we think that good home health care is an essential part of good quality care for Medicare beneficiaries. Mr. Matheson. And I agree. Mr. Hackbarth. So in no sense are we against home health care, but there is, as you say, evidence that in some parts of the country we have extraordinary levels of use and extraordinary number of home health agencies and we think indications of fraud and abuse, and we have made recommendations for targeted efforts to deal with those problems including limits on the number of new agencies in those problem areas, so we think that is an important thing to do. Having said that, though, across the country, we believe, even in the low-use States we are paying too much for each episode of home health care. So even where there isn't that fraud and abuse, we believe the rates are too high relative to the costs incurred. Mr. Matheson. In terms of this situation where you have got some certain geographic locations where there appears to be extremely high overutilization compared to a peer comparison elsewhere, is it reasonable to assume that this situation is occurring in other aspects of Medicare services in this country outside of home health care? Mr. Hackbarth. Well, quite possibly, yes. Another area where we see extreme variation is durable medical equipment. So post acute care in general which includes home health care and DME account for a significant portion of the geographic variation that is the focus of so much attention in Medicare. Mr. Matheson. We feel like in our State, we practice medicine in a way that if the rest of the country did it, we would be saving a lot of money with outcomes just as good, and so I think this is something, Mr. Chairman, I know it is a little outside of the benefit structure of this hearing today but this issue of disparate discrepancies in utilization across different geographic areas is something I think is worthwhile for us all to take a look at and provide some real opportunity for some savings. With that, I will yield back. Mr. Pitts. The Chair thanks the gentleman and now recognizes the gentleman from Kentucky, Mr. Guthrie, 5 minutes for questions. Mr. Guthrie. Thank you, Mr. Chairman, and I would like to follow up a little bit on what my friend from Utah was talking about, because you have talked about and you mentioned again the high margins in home health, and I know home health, in my understanding, has been cut, what, 21 percent since 2010 and for publicly traded home health--that is the information I was able to get--before tax margins in 2009 were 13.4 percent, in 2012, 3.9 percent. I think there is four publicly traded. And after tax margin in 2012 was 2.5 percent. So it seems like if you had more in Miami, you would get better competition, so it is kind of counterintuitive how that works. And I guess my question is, you have a report that had the margins. What was your methodology in that report? Mr. Hackbarth. We used Medicare cost reports, so in contrast to the publicly traded companies, what we are looking at is Medicare-specific profit margins whereas for a publicly traded company, we would be getting a combination of Medicare margins and margins on private insurance as well. Mr. Guthrie. OK. Mr. Hackbarth. So it is an apples-to-oranges comparison. Mr. Guthrie. Well, thanks for that. On the supplementals, so you were saying the number you have suggested--I know you didn't recommend it--is 20 percent, or looked at 20 percent should be actually added to the--you said charge to the insurer but the premium should be 20 percent higher to reflect the true cost to the taxpayer for buying supplemental---- Mr. Hackbarth. Yes, so the example that we modeled was a 20 percent charge that would be imposed on the insurance. How that would affect the premiums would depend on, you know, market competition and different markets. In some cases, it might be all passed on. In other words, it might not be. Mr. Guthrie. So the additional cost that you are trying to capture is what the supplemental policy does in terms of utilization? Mr. Hackbarth. Increased utilization, so our analysis shows that beneficiaries that have supplemental coverage use about one-third more services after adjusting for differences in age and risk, etc. Mr. Guthrie. Because the more likely you are to use the system, the more you--so the sicker you are, the more likely you are to buy a supplemental policy? Mr. Hackbarth. But in our analysis, we adjust for risk. Mr. Guthrie. Well, thanks. I yield back my time. Mr. Pitts. The Chair thanks the gentleman and now recognizes the gentleman from Texas, Mr. Green, for 5 minutes. Mr. Green. Thank you, Mr. Chairman. Mr. Hackbarth, thank you for appearing today, and again, thank you for a lot of the information we worked on for many years. MedPAC's proposal for benefit redesign is careful to point out that aggregate beneficiary cost sharing would be kept the same. You point out in your testimony that the reason for this is the commissioners' judgment that traditional Medicare's benefit structure is not too rich, especially for the population covered. One of your goals is to protect the beneficiaries against high out-of-pocket spending while not reducing the actuarial value of the benefit package. Can you explain what you mean by the benefit package not being too rich? Mr. Hackbarth. Right. So a way to judge the richness of a benefit package is, what percentage of a patient's costs are paid through insurance as opposed to out of pocket. Using that as the standard, we don't think that the percentage paid by Medicare of total beneficiary costs is too high. In fact, if anything, it may be too low. So we accepted as a starting point that we ought not be cutting the amount paid by Medicare that would put too much of a burden on beneficiaries. We felt like there were a lot of things we could do to make the package better including providing catastrophic coverage and making it simpler. We thought that those changes in turn might cause some beneficiaries to say, you know, I don't need to pay $175 or $200 a month for supplemental insurance, which is a big burden on many beneficiaries as well. Mr. Green. Frankly, in our area, $175 or $200 a month is pretty small. I have seen some quotes for that. Now, switching gears. A lot of attention has been given to supplemental insurance plans like you just mentioned in Medicare, particularly those provided by employers or Medigap plans purchased by individuals. There is a lot of concern about Medicare patients not having enough skin the game, so to speak, because their supplemental policies often pick up deductibles, copays and coinsurance. As I understand your proposal, charging or paying a premium for this first-dollar supplemental insurance is intended to offset the cost of some of the other benefit design changes? Mr. Hackbarth. Well, the overall package that we modeled including the catastrophic coverage and the new structure of copays would have resulted in a modest increase in Medicare expenditures, about 1 percent, and so in our package we combined that modest increase with this 20 percent charge on supplemental insurance and the net result of those two things would be a modest reduction in total Medicare expenditures of about one-half of 1 percent. Mr. Green. I understand that correctly. Is it true that cost sharing reduces both necessary and unnecessary care? Mr. Hackbarth. Yes. That is what the evidence shows, and that is why we think that giving the Secretary the authority to do smarter cost sharing, not just across the board but targeted based on value is so important. Mr. Green. And I understand that we want patients more active in their decisions on their care but that may work for some of us that are younger elderly patients but a lot of our older patients how are sicker, they just may take a more passive role in their care and their decision making, and Mr. Chairman, I remember I was a State legislator in the 1980s and we had a Senator from Texas, Lloyd Bentsen, who worked on trying to do catastrophic and reform Medicare, and somehow the seniors got Congress's attention, and I remember talking to Senator Bentsen at that time and he said we just went too far for what our seniors would accept, and it was, you know, a revolution by those under Medicare almost in the late 1980s. Mr. Hackbarth. In fact, I worked in what was then HCFA, the Health Care Financing Administration, during that period, so I remember it well. Mr. Green. And I understand, Mr. Chairman, there are some good parts of this but we need to look at it because a lot of seniors would like not to have to have that high monthly premium for their Medigap coverage, if we could somehow equal it out. Mr. Hackbarth. And unfortunately, I think the current structure without catastrophic coverage almost compels seniors to pay that high monthly premium for supplemental insurance because the Medicare package does not offer them the most basic feature of a good insurance plan, an out-of-pocket limit. Mr. Green. Thank you, Mr. Chairman. Mr. Pitts. The Chair thanks the gentleman and now recognizes the gentlelady from North Carolina, Ms. Ellmers, 5 minutes for questions. Mrs. Ellmers. Thank you, Mr. Chairman. Mr. Hackbarth, I have a document here which is basically a list of bipartisan quotes from both conservative and progressive authors relevant to the proposals, many of which you are proposing today, and I will just say that drawing from it, President Obama's National Commission on Fiscal Responsibility and Reform released in 2010 quoted--this is a quote taken from that bit of information: ``Currently, Medicare beneficiaries must navigate a hodgepodge of premiums, deductibles and copays that offer neither spending predictability nor protection from catastrophic financial risk. The ability of Medicare cost sharing to control costs either under current law or as proposed above is limited. Do you believe--and I think you can probably just give a yes or no answer to this. Do you believe that MedPAC's reforms ad they encourage more predictable out-of-pocket costs and limit on catastrophic costs may allow seniors to better plan for balance in their future health care and financial needs? Mr. Hackbarth. Yes. Mrs. Ellmers. Thank you. In 1995, Henry Aaron of the Brookings Institute and Robert Reischauer of the Urban Institute had this to say about combining Medicare Part A and Part B: ``Whatever rationale may once have existed for the distinction between services and Part A and Part B medical technology, the development of new reforms and service delivery and new patient structures have rendered it obsolete.'' I raise this point because we think it is important as part of the conversation today that we all understand that Medicare traditional benefits are obviously outdated and cause unnecessary harm for our seniors as a result. There again, in your opinion, yes or no, do you believe the concept of combining Part A and Part B is a good Medicare idea? Mr. Hackbarth. Yes. As I said earlier, our recommendation is for a combined A and B catastrophic limit. We have not specifically recommended an A and B combined part. Mrs. Ellmers. And do you believe that the concept of this can be characterized as a Republican idea? Mr. Hackbarth. Well, this package that I have described today was unanimously recommended by the members of MedPAC, 17 members of various political persuasion. Mrs. Ellmers. So basically you would have to say no then? Mr. Hackbarth. We are a nonpartisan agency and we really try to live up to that billing. Mrs. Ellmers. To be bipartisan. OK. The AARP's Public Policy Institute had this to say about the traditional Medicare benefit designed in 1999: ``Medicare, widely considered to have been successful in improving access to care and lessening the financial burdens of health care for older Americans, is also viewed as a program in need of a more updated management structure. The two-part system that drives many of its payments and revenue policies almost certainly would not be adopted if the program were being designed today. The current design reflects some factors that while relevant when Medicare was initiated in 1965 are not now pertinent.'' In your opinion, do you believe that the current design of Medicare traditional benefits reflects some factors that may have been more relevant in 1965 as opposed to now, 2013? Mr. Hackbarth. Yes. Mrs. Ellmers. Wonderful. I have a couple minutes. We are going to be taking part--Congresswoman Marsha Blackburn and I are going to be taking part in a committee idea lab, basically just bouncing some ideas and thoughts, after this hearing. Some of the proposals outlined by MedPAC will be included in our proposal and some of the questions we are going to be taking. I look forward to working with this committee over the next months to explore these ideas and push forward meaningful Medicare reforms that serve the best interest of Medicare seniors, and at this time I would like to ask unanimous consent to insert into the record this piece of information that we have here, this review of bipartisan support. Mr. Pitts. Without objection, so ordered. [The information appears at the conclusion of the hearing.] Mrs. Ellmers. Thank you, Mr. Chairman, and I yield back the remainder of my time. Mr. Pitts. The Chair thanks the gentlelady and now recognizes the gentlelady from Virgin Islands, Dr. Christensen, for 5 minutes for questions. Mrs. Christensen. Thank you, Mr. Chairman, and thank you, Dr. Hackbarth, for coming back to the committee. I appreciate MedPAC's recognition of the need for added protections, particularly with regard to the out-of-pocket spending caps in your benefit design proposal, and I think I understand but don't necessarily agree with some of the ideas behind the proposed reform of supplemental or Medigap coverage, but I am very concerned with the level of support and protections for low-income seniors and that analyses done on the impact of seniors as a group may not adequate capture the impact on those that are most vulnerable. Every study that I have reviewed looking at the impact of the cost sharing on patients and patient behaviors concludes the same thing, that patients use less services but do not differentiate between necessary and unnecessary and that those that are poorer and sicker are the most cost-sensitive and would be the ones that would reduce the use of services the most. So as you know, the Medicare beneficiaries are poorer and sicker than the population at large. Twenty-three percent have a cognitive or mental impairment. Forty percent have three or more chronic medical problems. About half of the beneficiaries have annual incomes below 200 percent of poverty level, and one-quarter have incomes less than $14,000 per year. So these beneficiaries are very much the patient population that is at greatest risk for reducing the use of necessary medical services or deferring important care that results in a preventable hospitalization, and I know you have thought about these issues because your proposal builds in protections for those currently covered by Medicaid. What about the other low- income seniors and the ones, the 40 percent with multiple chronic diseases for whom we don't really want to create additional barriers to care. Mr. Hackbarth. So Dr. Christensen, I agree basically with your summary of what the evidence shows about cost sharing, and so I want to emphasize again, our goal is not to increase the average level of cost sharing but redesign the benefit to make it better for Medicare patients and perhaps reduce the need for them to buy supplemental coverage. We think that using value- based insurance design is very important to get at some of the issues you have identified. We don't want to increase cost sharing on really high-value services, for example, for chronically ill patients. In fact, we may want to reduce cost sharing on those. With regard to the impact on low-income people, we think that there are targeted approaches to dealing with that issue that are better than what we now have. Right now, what we have is a system whereby in effect the taxpayers are providing an implicit subsidy for the purchase of supplemental coverage because the taxpayers pick up most of the bill for the added cost. That subsidy goes to all beneficiaries rich and poor alike. If the particular concern is low-income beneficiaries as well at might be, a more targeted way to deal with that issue would be to expand eligibility for the Medicare savings programs. So right now Medicare beneficiaries that have incomes less than 100 percent of poverty qualify to get their Part B premiums and cost sharing paid under Medicaid, but above that level, there is no contribution for offsetting cost sharing. Up to 135 percent of poverty, there are subsidies for the Part B premium but you still have to pay the cost sharing. So if Congress is concerned about low-income people and the impact of this on low-income people, a much more targeted approach would be to change eligibility for the Medicare savings programs, and I would note that the low-income subsidy under Part D has higher income thresholds for eligibility than we have in the Medicare savings programs for Part A and B, so there is already a precedent, if you will, for higher levels of eligibility. Mrs. Christensen. Thank you for that. That gives us some idea of where to go. You talk a lot about giving the Secretary flexibility to set copays for high value versus low value, and I have been following the Patient-Centered Outcome Research we created in the Affordable Care Act, and I am wondering, do you see that as being helpful, their work as being helpful to identify high volume, low value in that process? Mr. Hackbarth. Yes. A number of years ago, before the Patient-Centered Outcome Research Institute was created, we recommended to Congress that such an organization be created and that the federal government support the development of better information for physicians and patients about what works, and so to the extent that PCORI can increase the knowledge base that we have, that is information that could be used in value-based insurance design. Mrs. Christensen. Thank you. Thank you, Mr. Chairman. I yield back. Mr. Pitts. The Chair thanks the gentlelady and recognizes the gentlelady from Tennessee, Ms. Blackburn, 5 minutes for questions. Mrs. Blackburn. Thank you so much. We appreciate that you are taking the time to be here, and as Ms. Ellmers said, we are going to be spending some time looking at how you do help with the solvency, and I want to ask you just one thing. My class, when we came into Congress, we were focused on waste, fraud and abuse. We did an entire project, Wasteful Washington Spending, and of course, Medicare spending continued to come into that picture, and we had example after example of wasteful and fraudulent spending and the abuse of just millions of dollars. So do you think, in your opinion, do you think that the antiquated method, the fee-for-service method, is something that continues to make it possible for this continuation of waste, fraud and abuse every year and difficulty in running the traps on this and rooting it out? Mr. Hackbarth. Yes. We think that waste, fraud and abuse is a significant problem, particularly in some areas of the program. Earlier we were talking about home health care is an area where there is a lot, and where Medicare payments are really generous, and we think they are generous for home health care, that is almost an invitation to people who want to make a quick buck on Medicare. Mrs. Blackburn. A lot of quick bucks, it seems like. Mr. Hackbarth. A lot of quick bucks, and durable medical equipment is another area where we think there has been a fair amount of waste, fraud and abuse, and in part that is triggered by very attractive payment rates that bring in people who are more focused on making money than serving patients. Mrs. Blackburn. What would you say is the percent of expenditures that are going out the door, those payments going out the door? What percent do you think are fraudulent payments? Mr. Hackbarth. We really haven't looked at that issue. I think the Government Accountability Office has made estimates that---- Ms. Blackburn. Right. They have. I just didn't know if you kind of lined up with them or if you had another opinion of that. Let me ask you, looking at that same thought and thinking about the solvency and the financing mechanisms, AARP has done reports going back 1998, 1999 looking at merging A and B and then looking at the financing end of that. Where do you stand with those knowing that people are concerned? We hear about it every day--tell me what you know is going to happen with Medicare, are we really in danger of going bankrupt. And so as you put your reforms forward today, what do you think they will do in helping with the solvency? If we did your reforms, how long would it encourage the solvency of Medicare? How many more years would we get out of this? Mr. Hackbarth. Well, that is a question better directed to the Medicare actuaries. What we have outlined is a package that would have a modest net reduction in Medicare spending on the order of about one-half of 1 percent so that, you know, $2.5 or $3 billion a year, $25 or $30 billion over 10 years. Now, what that assumes is a 20 percent charge on supplemental insurance and that nobody modifies their decisions, beneficiaries don't change their decisions about purchasing supplemental insurance. If in fact beneficiaries start to say, oh, this new redesigned benefit means I don't have to buy supplemental insurance or they buy one that doesn't have first-dollar coverage, then those savings may increase and you might go from $2.5 to $3 billion a year to $5 or $6 billion a year. Ms. Blackburn. Well, yes, and that is always kind of the discussion we get into with whether we are using the static or the dynamic scoring ad the basis that people make their decisions on. I have one other question, but in the interests of time, Mr. Chairman, I will yield back my time and submit my third question. Mr. Pitts. The Chair thanks the gentlelady and now recognizes the gentleman from Maryland, Mr. Sarbanes, for 5 minutes for questions. Mr. Sarbanes. Thank you, Mr. Chairman. Thank you, Mr. Hackbarth. Could you just talk a little bit about the relationship between the proposed benefit design change that would impose a higher cost-sharing impact on a patient for a lower-value service and a lower cost share for a higher-value service, the relationship of that proposal to the change in reimbursement methodology vis-`-vis the providers of care, which is another place where we are looking at this high-value, low-value dynamic? In other words, you have services now that a primary care physician might be prepared to offer but there is really no meaningful reimbursement for it so there is no incentive to do it so you can envision a situation where there is a service that is not getting covered at all by Medicare and maybe want to re-look at that but then at the same time we want to examine then what the cost sharing with Medicare's new obligation would be. It seems to me those have got to be interrelated to some degree. Mr. Hackbarth. So we think there are issues on both the patient cost-sharing side and the provider payment side, and I think at the SGR hearing a few weeks ago, the two of us talked about primary care services, which we think are high-value services that are often are underpaid under the existing Medicare fee schedule. So in the case of a primary care who has taken responsibility, for example, under a medical home to manage patients with multiple chronic illnesses, you know, ideally what you might have is lower cost sharing for really high-value services for the patient and richer payment for the physician for taking on this very important task of managing complicated patients. Right now, Medicare has fallen short on both the provider and the beneficiary side. Mr. Sarbanes. In that sense, it is kind of a double investment in redirecting or transitioning the emphasis of where the care happens and has to be premised on the idea that even that increased investment, which is a combination of higher reimbursement to the physician and lower cost sharing on the part of the patient, that we are going to see, it is going to yield savings down the road that justifies both of those investments we are making. Mr. Hackbarth. Yes. Ideally, we are working both sides, the provider payment and the beneficiary benefit structure, and doing it in a synchronized way. That is how we get the maximum impact. Mr. Sarbanes. Thank you. Mr. Pitts. The Chair thanks the gentleman and now recognizes the gentleman from Louisiana, Dr. Cassidy, 5 minutes for questions. Mr. Cassidy. Hi, Mr. Hackbarth. I will kind of scoot over so we can see each other. I always enjoy your testimony. I always consider it very thoughtful. Now, there does seem to be, though--I always make the point that people in Washington have kind of a centrally planned economy view of how we do things, and if you will, as great as your work is, it truly is trying to anticipate lots of very unique situations coming up for rules that with that anticipation work to very unique situations. The very premise seems untenable. Do you see my point? Mr. Hackbarth. Well, yes and no. On the one hand, I do believe, and I think we have talked about this in the past, that giving Medicare beneficiaries options, for example, to enroll in a Medicare Advantage plan, a private health plan, is a very important thing to do, and I think you agree with that as well. On the other hand, I must confess, when I hear people criticize Medicare for its administered price system, it sets me a little bit on edge because I know better than most people the problems with administered prices. I have spent many, some would say too many hours working on these issues in my career. But when I look at Medicare pricing compared to pricing in the private sector, our system looks pretty good. Mr. Cassidy.No, believe me, I am not defending the private sector, and I actually like your proposal that if you put these physicians at two-sided risk with some sort of accountability as to outcomes and have the quote, unquote, activated patient, that is the better way to go. My concern is that if there is an innovation which is disruptive, it gives you a better outcome at a lower cost. It will be 3 years later before that may be priced accordingly or even given a code. Mr. Hackbarth. And, you know, overall, my goal is to decentralize decisions, put as many decisions as possible in the hands of physicians and patients, provided that there is accountability for the results, both quality and cost. Mr. Cassidy.Now, a conversation just to revisit we have probably had before, the ACO, I think you rightly put the physician-patient relationship at the center of our ability to improve outcomes and control costs. But I see a lot of what we are proposing are actually on the suprastructure, if you will. Here is the patient, physician, but here is the administrative cost and here is the ACO, etc., and that actually seems to be insulating or denying responsibility for this integral relationship. Any thoughts on that? Mr. Hackbarth. Well, so let us use ACOs as a potential framework for decentralizing decisions to physicians and patients, and as you know, from prior conversations, I believe in that. You know, right now we have got an ACO structure which I think is a step in the right direction but has some problems with it, and one that I would highlight in this context is, Medicare beneficiaries don't share in any of the savings from an ACO. All of the talk is about how the physicians, the hospitals and the government share in the savings but there are no real rewards for Medicare beneficiaries. We think across the board we need to work on improving provider payment and bringing Medicare beneficiaries appropriately into those discussions and allowing them to share in savings when they go to high-value providers. Mr. Cassidy.And we are totally in agreement on that. I think one thing I would also point out is that if we are going to bring this down to the smaller practice, I am not quite sure how an ACO would work for a four-person practice in a rural area, if only because you are only going to get settled up on the positive things you have done 2 years after you have done it. If you are in a cash-flow-dependent practice, you probably don't have the wherewithal to wait 2 years to have a settling up. Mr. Hackbarth. Although one of the ACO models does involve an advanced payment for just that reason, the physician- sponsored ACOs. You know, I think it is too early to predict exactly how ACOs will develop, especially in sparsely populated areas like rural areas, but about half of the current ACOs involve either Critical Access Hospitals or Community Health Centers and deal with relatively challenging care delivery systems. Mr. Cassidy.I accept that, but we are going so far down the road in terms of planning and implementing political and bureaucrat capital in putting these in place. Not knowing where they are going to go and seeing that there are flaws inherent in them makes me troubled. I mean, is that unique relationship going to be preserved when, again, we just don't know where it is going. Mr. Hackbarth. Well, we certainly believe that preserving that relationship is really important, vital, essential, and I may be a little bit more optimistic than you are that in fact the movement is in the right direction, but I think we have to be vigilant about it. Mr. Cassidy.I am out of time. I yield back. Thank you. Mr. Pitts. The Chair thanks the gentleman and now recognizes the gentleman from Florida, Mr. Bilirakis, 5 minutes for questions. Mr. Bilirakis. Thank you, Mr. Chairman. I appreciate it very much. Mr. Hackbarth, your testimony really touches on the importance of transparency and predictability in pricing and out-of-pocket expenses for seniors in the Medicare program. No other industry I know of would facilitate customers not knowing the cost of service until after it has been performed. Can you explain your thoughts on the importance of out-of-pocket predictability as it relates to the reforms you have presented here today or even for future reforms to the program? Mr. Hackbarth. Well, Mr. Bilirakis, the most important thing is that we know from focus groups with beneficiaries that they find the current benefit structure confusing and more than a little bit frightening because they don't feel like they can predict what is going to happen, what the bill is going to be if they get sick or even when they go to a physician office because, as Dr. Burgess said, it is 20 percent of what. We don't know. And so what we have advocated is a focus on simplification and protection against overall costs, and we think that that will be very reassuring to Medicare beneficiaries and perhaps over time will influence their decisions about whether they need supplemental insurance and, if so, what kind they buy, and that would be a good thing for Medicare. Mr. Bilirakis. And you of course agree that seniors should be more active participants? Mr. Hackbarth. Absolutely. Mr. Bilirakis. Thank you. You reference in your testimony, and I think the gentlelady from the Virgin Islands referred to this, but your testimony, the suggestion that Congress should consider giving the power to the Secretary to reduce cost sharing on services if evidence indicates that doing so would reduce Medicare spending or lead to better health care outcomes, and vice versa. Can you elaborate on that? Mr. Hackbarth. Well, I am not sure I have a whole lot new to say on that, but we do think that services are of different value to patients. Certainly we know that some services are really important for beneficiaries with chronic illness, and we don't want cost sharing at the point of service to be a barrier to that care because patients will be worse off with worse health outcomes, and Medicare will incur higher long-run costs. And so as opposed to a crude approach to cost sharing which just says same rate for everything, you know, 20 percent across the board, we think we can do better than that and be smarter about it and have better results for patients. Mr. Bilirakis. Thank you very much. I yield back, Mr. Chairman. Mr. Pitts. The Chair thanks the gentleman and now recognizes the gentleman from New Jersey, Mr. Lance, 5 minutes for questions. Mr. Lance. Thank you, Mr. Chairman. I would be happy to yield my time to Dr. Burgess. Mr. Burgess. I thank the gentleman for yielding. Mr. Hackbarth, just a couple of follow-up things, and thank you for mentioning HCFA. It brought back memories of when I thought HCFA was a four-letter word when I was in practice. Back in the 1990s with the passage of the Kennedy-Castelbaum bill, that behemoth that gave us HIPAA, but it also allowed for the first time the sale in this country of medical savings accounts, but if I recall correctly, they were very careful to keep that type of insurance out of the Medicare system. Is that correct? Mr. Hackbarth. Yes, I think that is correct. Mr. Burgess. Well, here is my question, and I still have a problem with the concept that--and let me very honest with you here. I have got someone in my household who is going to turn 65 this year, and we are just deluged with stuff from people wanting to sell a supplemental policy. So I can certainly sympathize with the person who looks at all of this information, and oh, my god, I want to do the right thing, I want to be prepared for bad things that could happen so I will make this investment. It is hard for me to believe that that is an erroneous activity for that person for them to be engaged in that. You kind of indicate in your testimony that a lot of times what they are paying in for that supplemental is far in excess of anything they would get from a benefit from the supplemental payment. Why don't we make it easy to put additional dollars away for their health care in a Medicare health savings account that would be available them to draw on and need if there were costs over and above what the Medicare benefit would provide them? Mr. Hackbarth. Dr. Burgess, we haven't looked specifically at the issue of medical savings accounts for Medicare beneficiaries, so I don't have a MedPAC view on that. Mr. Burgess. Let me just offer you an observation. We talk about 10,000, 12,000 people a day entering Medicare. There are going to be more and more people who enter Medicare with a health savings account that actually has cash in it that was not used prior to the time of entering into Medicare. Are you looking over the horizon at all and trying to figure out how do you deal with--Bill Cassidy called them the activated patient. That is exactly right. Governor Mitchell Daniels when he provided his Healthy Indiana program to State employees essentially was a high-deductible health plan coupled with a health savings account, he made the observation that something magic happens when people spend their own money for health care, even if it wasn't their own money in the first place. But you have got these people arriving into Medicare, aging into the Medicare system with a large health savings account that they are holding. Why not allow them to participate in their care? Mr. Hackbarth. Well, this is an issue of personal interest since I am going to be 62 and actually my wife and I have a health savings account. We have been insured under a high- deductible plan for quite some time now. So it is an important issue. It is not one that we have looked at at this point. Mr. Burgess. Let me just make another observation. I mean, I know fee-for-service gets a bad name and a bad rap in a lot of ways, and Dr. Cassidy referenced the small practice in rural setting. I always allude to the solo practitioner in Muleshoe, Texas, who really can't participate in an ACO. Yes, they can be acquired by a network. But, you know, every time I think of accountable care organizations, I have to ask myself, accountable to whom, because as Dr. Cassidy correctly pointed out, there are significant--because of the risk factor, there is a significant cash amount that needs to be available that is generally not available to the small and individual practice so that there is someone else who is going to have to be, if you will, a financial or fiscal partner in that endeavor. So it just begs the question, accountable to whom? Is it accountable to the hospital? If the doctor is accountable to an accountable care organization, is that really accountable to the hospital or to the government or to a health plan? It kind of begs the question, are they still accountable to the patient, and just speaking from a professional standpoint, I am worried about the direction in which that is going. Mr. Hackbarth. Well, there are to be sure lots of complicated issues that need to be examined and resolved around the development of ACOs. I think it is a step in the proper direction. I say that because I really am looking for structures that decentralize decisions so that clinicians and patients can make them together subject to accountability on quality and cost. Now, exactly how you set the cost and all the issues about the flow of the money, those are really important things, and I don't mean to diminish their importance, but if the goal is getting the federal government out of intrusion into medical practice, structures like this I think need to be part of the solution so let us focus on making them better as opposed to undermining them. Mr. Burgess. Thank you, Mr. Chairman. I will yield back, and I thank the gentleman from New Jersey for yielding the time. Mr. Pitts. The Chair thanks the gentleman. We have a unanimous-consent request. Mr. Pallone. Mr. Chairman, I ask unanimous consent to submit for the record various statements from the United Steel Workers, California Health Advocates, testimony on behalf of the UAW, a statement from the National Association of Home Care and Hospice, and a statement from the National Committee to Preserve Social Security and Medicare, and I believe you have all these. Mr. Pitts. Yes. Without objection, so ordered. [The information appears at the conclusion of the hearing.] Mr. Pitts. That concludes the round of questioning. We have some members who have additional questions. I remind members they have 10 business days to submit any additional questions for the record, and I ask the witness to please respond to the questions promptly. Thank you very much for your time, your testimony this morning. And members should submit their questions by the close of business on Thursday, April 25. Thank you, and without objection, the subcommittee is adjourned. [Whereupon, at 11:39 a.m., the subcommittee was adjourned.] [Material submitted for inclusion in the record follows:] [GRAPHIC] [TIFF OMITTED]