Managed Care Plan Liability: An Analysis of Texas and Missouri Legislation
The Impact of Managed Care Legislation: An Analysis of Five Legislative Proposals from California
Health Policy Economics GroupPrice Waterhouse LLP
November, 1997
Executive Summary
Managed care has grown tremendously in recent years. From 1988 to 1997, at firms with 200 or more employees, the proportion of employees enrolled in HMOs nationwide increased from 18 percent to 33 percent. The presence of managed care varies by state across the country but is particularly strong in California where the proportion of HMO enrollment is more than 50 percent of the private insurance market in several large metropolitan areas. For example, in Sacramento, 92 percent of those with private insurance are enrolled in HMOs; in San Francisco and San Jose, the proportion is more than 68 percent.
As managed care has grown, in California and throughout the country, complaints against managed care plans have also mounted. Patients have raised concerns that managed care plans deny necessary coverage or provide access to mainly lower quality services. Physicians and other providers have expressed concerns that managed care plans may dictate care, monopolize the marketplace, and exclude independent practitioners. As a result, legislation aimed at addressing some of these concerns has been proposed at the federal and state levels.
This report presents results from a study conducted by Price Waterhouse LLP which was commissioned by The Henry J. Kaiser Family Foundation. The purpose of the study was to assess the impact of managed care reform legislation on HMOs and their enrollees. Specifically, the study analyzes five areas of California legislation: insurer liability, use of drug formularies, mental health parity, direct access to obstetric and gynecologic services, and lengths of stay for mastectomy patients. For each of these areas, the paper examines the specifics of the legislative bills in California, the likely impact of the legislation on HMOs by organizational type, and the corresponding effects for consumers.
Measuring the Impact of Managed Care Legislation
For the most part, many of the concerns about managed care plans have arisen because of the nature of the services provided by these plans. Managed care plans offer a lower-cost alternative to traditional, fee-for-service health insurance. Managed care plans are able to keep costs low through the use of various cost-saving strategies. For example, most HMOs limit access to providers by the use of a gatekeeper, usually a primary care physician, who must give prior approval before enrollees receive services from other providers, such as hospitals and medical specialists. Managed care plans also engage in practices of limiting the types of services provided to enrollees. For example, they may deny coverage for diagnostic tests and other procedures that the plan determines not to be medically necessary. They encourage outpatient treatment rather than inpatient care, and, when inpatient treatment is necessary, they encourage short hospital stays. The purpose of much of the recently proposed legislation is to protect consumers from some of the least desirable features of managed care cost-saving practices.
Managed care legislation, like most consumer protection, has positive and negative aspects. On the positive side, most of the proposals are intended to improve access to health care providers and medical services. As an example of managed care legislation, health plans could be required to give enrollees access to any provider that they choose. This would increase access to a variety of providers and have positive benefits for enrollees. On the other hand, this type of legislation might be costly to HMOs and other managed care organizations. If HMOs incur increased costs as a result of legislation, they would likely reduce covered services or increase enrollee premiums and/or out-of-pocket costs. If HMOs increase their rates, or reduce benefits, then some enrollees may decide to enroll in traditional insurance plans. In the extreme, managed care regulation could make managed care noncompetitive with traditional, fee-for-service insurance.
Difference in Impact by Type of HMO. The impact of consumer protection legislation may vary depending on the type of managed care plan. There are four basic types of HMOs:
- Staff model-Physicians practice as employees of the organization, frequently in an office comprised of only HMO staff.
- Group model-The managed care organization pays a physician group a negotiated, per capita rate which the group then distributes among the individual physicians.
- Network model-HMOs contract with two or more group practices and usually pay a fixed monthly fee per enrollee.
- Independent practice/physician association (IPA) model-HMOs contract with individual physicians in independent practice or with associations of independent physicians.
Because the physician and the plan are much more integrated in staff and group model HMOs than in IPA and network model HMOs, staff and group model HMOs are most likely to be able to manage care as well as coordinate and control the behavior of plan physicians. IPA and network model HMOs, on the other hand, are more loosely designed and thus are more limited in the methods by which they can control plan physicians.
For the most part, legislation aimed at reforming managed care seems directed toward HMOs. Although there are forms of managed care plans other than HMOs-such as preferred provider organizations (PPOs) and point-of-service plans (POSs)-that may be impacted by health care legislation, this study primarily focuses on the impact of managed care legislation on HMOs.
ERISA. The impact of state managed care legislation could be limited because of preemptions under the Employee Retirement Income Security Act (ERISA) of 1974. ERISA provides a broad federal preemption of state laws that relate to employee benefit plans. State insurance laws, however, do not fall under this preemption. Thus, state laws may affect non-self-insured employer-sponsored plans through regulation of the insurers. Because of ERISA, non-risk-bearing networks contracting only with self-insured plans and the self-insured plans themselves are exempt from complying with state managed care legislation. With respect to liability, however, both non-self-insured and self-insured plans can be shielded by ERISA from state attempts to expand insurer liability. Plaintiffs are permitted to sue only for the value of the benefit denied. They are not permitted to sue for other damages under ERISA. Because of ERISA preemptions, the effects of state-level managed care reforms would be limited since many employer-sponsored plans will not be affected by these reforms. Only the federal government can enact legislation that governs all managed care plans.
Insurer Liability
Background. Traditionally, insurance plans have not been the target of liability suits since they have not been viewed as being participants in the decision-making process regarding the treatment of patents. With the evolution of managed care, this has changed. By definition, managed care plans manage patient care. The plans not only reimburse a portion of the medical expenses incurred by a patient, they may also greatly influence a patient’s treatment. As a result, recently, there has been a legislative movement to hold managed care plans legally accountable for their role in the decision-making process of patient care. The concept behind the legislation is the idea that if managed care plans face a greater potential for lawsuits, they will be more likely to make decisions that are in the best interest of their patients.
Legislation. Insurer liability legislation has been introduced in the U.S. Congress and in numerous states. In 1997, the California legislature considered five bills related to insurer liability. Three of the bills-SB 324, SB 557, and AB 794-extend liability to managed care organizations by expanding the definition of the practice of medicine to include decisions regarding the medical necessity or appropriateness of any diagnosis, treatment, operation, or prescription. Among other actions, AB 794 also requires that health plans make available to the public, upon request, the criteria used by plans to determine whether to deny or authorize health care services. A fourth bill, AB 536, solely requires plans to make available to the public, upon request, the criteria used in deciding whether to deny or authorize care. The fifth bill, AB 977, provides that a health care service plan would be liable for damages for harm to an enrollee that is caused by the plans failure to exercise ordinary care or caused by decisions made by employees, agents, ostensible agents, or certain representatives of the health care service plan.
Impact. In this study, we assess the impact of expanding liability to managed care organizations through legislation. We find that the impact of expanding malpractice to managed care plans has the potential to greatly reduce their ability to control costs through case management, especially for group model HMOs, but the actual impact may be negligible because of a number of mitigating factors.
First, most employer-sponsored plans may be able to avoid liability by claiming the ERISA preemption. Second, to the extent that group model HMOs are currently being successfully sued in California, then the potential for additional lawsuits may be slight for those HMOs. Therefore, the impact of managed care liability legislation may mainly be limited to a subset of IPA model HMOs, but the effect on these HMOs would be modest. We estimate that at the most, premiums of IPA model HMOs would increase from 0.1 to 0.4 percent.
To the extent that management efficiency is reduced as a result of expanded liability, enrollees would likely gain access to care that they otherwise would not have received. Some of this care may be appropriate and necessary, thus improving the quality of treatment for some enrollees.
Use of Drug Formularies
Background. In the early 1990s, many managed care organizations adopted the use of drug formularies as a method for reducing the costs of prescription drug coverage. A formulary is a list of drugs, rated on clinical and cost criteria, that have been approved and are covered by the plan for treatment of particular illnesses. As a result of concerns about the effects of formularies on managed care enrollees, various forms of legislation have been created.
Legislation. In 1997, more than 40 bills concerning drug formularies have been introduced in more than 25 states. In 1997, the California legislature considered three bills that address issues related to drug formularies: SB 625, AB 974, and AB 1333. SB 625 requires that plans provide an expeditious process by which prescribing providers may obtain authorization for a medically necessary nonformulary prescription drug, make known to the enrollee any reason for disapproval, and make available their formularies upon request. AB 974 requires that a plan provide coverage for a drug if coverage for that drug had been previously approved by the plan for the enrollee and if the drug continues to be prescribed by the physician. AB 1333 prohibits a plan from requiring physicians to prescribe a drug from the formulary if the appropriate drugs from the formulary have been tried and have been unsuccessful in treating the patient.
Impact. By making the consumer better informed, legislation such as SB 625 may enable enrollees in managed care plans to have more negotiating power regarding their treatment, but we do not expect large financial consequences for managed care plans. Based on our assumption that formularies enable plans to save money by providing the most cost-effective medications, as a result of AB 974 and AB 1333, we would expect HMOs (particularly IPA model HMOs) to incur increased costs. Because these bills are limited in scope, the resulting increases in premiums for HMOs would be fairly modest-most likely significantly less than 0.6 percent. In general, both AB 974 and AB 1333 provide certain enrollees easier access to nonformulary drugs while not having a significant impact on the financial stability or the management style of HMOs.
Mental Health Parity
Background and Legislation. The idea of requiring parity in health insurance coverage for mental disorders has been a much debated issue in recent years. In 1996, President Clinton signed into law the Mental Health Parity Act of 1996 which amended ERISA and the Public Health Service Act to provide parity between annual and/or aggregate lifetime dollar limits on mental health benefits with the limits on medical and surgical benefits of group health plans. Various forms of mental health parity legislation have been passed in numerous states. In 1997, the California legislature considered AB 1100 which would mandate health care plans to cover biologically based severe mental illnesses for enrollees of all ages and cover serious emotional disturbances of children under the same policy terms and conditions applied to other medical conditions.
Impact. As a result of AB 1100, those with severe biologically based mental illnesses and children with serious emotional disturbances would likely obtain improved access to mental health services, since their conditions would be subject to the same policy coverage as other physical illnesses. These enrollees would be likely to use more mental health services which, in turn, would lead to increased costs for the health plans.
We estimate the increase in premiums resulting from these increased costs would be approximately 2.1 percent for all plan types in California. Specifically, we estimate that there would be a 1.0 percent premium increase for HMOs, 2.7 percent increase for PPOs/POSs, and 3.6 percent increase for fee-for-service plans.
This bill would also increase the market share for managed care plans since those plans would have lower increases in premiums than traditional fee-for-service plans. Furthermore, since HMOs, particularly group models, are good at managing care, enrollees may not experience as significant an increase in access to mental health services as those in fee-for-service plans. The effects of parity would fall more strongly on fee-for-service plans which use the limits on services to control costs instead of case management techniques which are the mainstay of managed care. For that reason, the mental health parity legislation would tend to increase enrollment in HMOs.
Direct Access to Obstetrical and Gynecological Services
Background and Legislation. As with care from other specialists, many HMOs require that a woman have a referral from her primary care physician to see an obstetrician and gynecologist. However, many have argued that women should have direct access to obstetricians and gynecologists who, in many situations, are viewed as primary care physicians. Legislation providing some form of such access has been passed in many states. In 1994, California enacted legislation enabling women to choose an obstetrician and gynecologist as their primary care physician. In 1997, the Assembly and the Senate in California passed legislation (AB 1354) that would have required health plans to provide women with direct access to obstetrical and gynecological services, but that bill was vetoed by the Governor.
Impact. Given that women in California could already choose obstetricians and gynecologists as their primary care physicians, we estimate that AB 1354 would result in slightly higher premiums and out-of-pocket costs for HMO enrollees, approximately a 0.35 percent increase.
At the same time, enrollees would benefit from easier access to obstetrical and gynecological services and, in some circumstances, would benefit from improved quality of care. We expect similar impacts on both IPA model and group model HMOs. However, this type of legislation could have a longer-term impact on managed care that would be much larger in magnitude, if it sets in motion other legislation that would hinder the ability of managed care plans to limit access to specialists other than obstetricians and gynecologists.
Lengths of Stay for Mastectomy Patients
Background and Legislation. Since the 1996 passage of federal legislation mandating lengths of stay for maternity visits, mandating lengths of stay for mastectomies has become a common area for managed care legislation. In response to increased outpatient surgeries and decreased inpatient lengths of stays for mastectomies, legislation mandating minimum hospital stays has been introduced at both state and federal levels. In 1997, the California legislature considered bills that would mandate that the hospital length of stay for mastectomies be determined by the physician in consultation with the patient and those that mandate a 48-hour minimum stay.
Impact. We estimate that if a 48-hour minimum stay for mastectomies were enacted, the mean length of hospital stay for mastectomies would increase by 11 percent, from 2.0 days to 2.2 days. This estimation is based on the assumption that 25 percent of the short-stay patients-those who would have previously stayed less than 48 hours-elect to stay the full 48 hours if this legislation is enacted. In terms of an increase in health plan premiums, we estimate that the 48-hour minimum stay would result in only a one-hundredth of a percent (0.01%) increase in premiums, for both IPA model and group model HMOs. We would expect a similar increase in California and nationwide.
Conclusion
Based on our analyses, we were able to draw several conclusions which we hope will provide a starting point for further analyses of these proposals as well as other proposals that would regulate this industry.
First, proposals for managed care reforms improve some aspect of medical care or access to services for enrollees in managed care plans. Every proposal that we considered would, to some extent, force HMOs to offer more and/or better services to enrollees.
Second, proposals for managed care reforms tend to increase health plan costs and raise premiums. More services implies higher benefit costs for health plans. The plans, in turn, pass the costs along in the form of higher premiums. We estimate only small premium increases as a result of specific pieces of managed care legislation. However, if a large proportion of current managed care legislation were enacted, then the impact might be very large premium increases accompanied by a large shift in enrollment to fee-for-service plans. The impact of legislation, however, would likely vary according to type of HMO.
Finally, the impact of state managed care legislation could be severely limited by ERISA which enables self-insured plans to avoid compliance with state legislation. Furthermore, under ERISA, both self-insured and non-self-insured plans can avoid the attempts of states to expand insurer liability. In order to ensure that reforms affect all health plans, legislation would have to be passed at the federal level.
* * *A full copy of the report can be ordered by calling the Kaiser Family Foundation’s publication request line at (800) 656-4KFF and asking for document #1342. A report on Managed Care Plan Liability: An Analysis of Texas and Missouri Legislation is available separately. Return to top
The Impact of Managed Care Legislation: An Analysis of Five Legislative Proposals from California
Managed Care Plan Liability: An Analysis Of Texas And Missouri Legislation Library Index
Variations in State Medicaid Buy-In Practices for Low-Income Medicare Beneficiaries
Note: This publication is no longer in circulation. However, a few copies may still exist in the Foundation’s internal library that could be xeroxed. Please email order@kff.org if you would like to pursue this option.
Kaiser/Harvard National Survey of Americans’ Views on Managed Care-Massachusetts Toplines to National Sample
Kaiser/Harvard National Survey of Americans’ Views on Managed Care-Massachusetts Toplines to National Sample
Note: This publication is not available on our website. However, the data from these surveys is still available through the Public Opinion and Media Research Group. Please email kaiserpolls@kff.org for more information.
Expanding Private Options in Medicare: Implications for Beneficiaries, Health Plans and the Program
The Impact of Manged Care Legislation: An Analysis of Five Legislative Proposals from California
Kaiser/Harvard National Survey Of Americans’ View On Managed Care
Introduction:Hello, my name is _________________ and I’m calling for Princeton Survey Research. I’d like to ask a few questions of the Youngest Male age 18 or older, who is now at home. (If No Male At Home Now : Then, may I speak with the OLDEST FEMALE age 18 or older who is now at home) (Repeat Introduction If Respondent Did Not Answer The Telephone) . We’re conducting an important national opinion survey and would very much like to include your views…
D1.Record Sex 48 Male52 Female
100
For further information contact: Matt James or Tina Hoff
1.To begin, I’m going to ask how things have been going for you and your family in recent years. Compared to a few years ago, are you and your family better off, worse off, or about the same in this area…? And what about…? (Are you and your family better off in this area, worse off, or about the same?
Better Off Worse Off About the Same Don’t Know/ Refused
a. Your overall standard of living 41 10 48 1 =100 b. Your ability to save for the future 37 18 43 2 =100 c.Your ability to get good health care 31 14 53 2 =100
2.Now I’m going to read you some terms having to do with health care. As I read each one, please tell me if you know what it means, OR if you’ve heard of it, but AREN’T SURE what it means, OR if you never heard of it before this interview. (First,) what about this term…?
Know What It Means Heard of. Not Sure What It Means Never Heard of Don’t Know/Refused
a.HMO, or Health Maintenance Organization 62 24 14 *1 =100 b.Medicare 78 20 2 0 =100 c.Managed care 45 26 28 1 =100 d.Primary care doctor 70 17 12 1 =100 e.Medicaid 71 25 4 * =100 f.Gag rules for doctors 25 16 58 1 =100 g.Fee-for-service 41 15 43 1 =100
An asterisk indicates a value of less than 5 percent.
3.Next, I’d like your opinion of the job some different groups are doing in serving the needs of health care consumers. In answering, please consider everything that might be important to consumers, including quality, cost and convenience.
First, in general, do you think are doing a good job or a bad job in serving health care consumers? Next, do you think… are doing a good job or a bad job ?
Good Job Bad Job Mixed/Neither Good Nor Bad (VOL.) Don’t Know/Refused
a.Doctors 69 12 16 3 =100 b.Pharmaceutical or drug companies 62 20 11 7 =100 c.HMOs, or Health Maintenance Organizations 36 25 12 27 =100 d.Hospitals 61 18 15 6 =100 e.Health insurance companies 44 32 16 8 =100 f.Nurses 83 4 8 5 =100 g.Managed care health plans 34 21 13 32 =100
4. You said you think HMOs do a (INSERT RESPONSE FROM Q.3c– good job/bad job) of serving consumers. What is the MAIN reason you feel this way? Is it your own experience with an HMO; what you’ve learned from friends and family; or what you’ve seen or heard on television, in newspapers or other media?
Based on all who say HMOs do a good job; n=438
Based on all who say HMOs do a bad job; n=295
Good Job Bad Job
49 42 Own experience 29 32 Friends and family 17 18 TV, newspapers or other media 2 6 Other (VOL.) 3 2 Don’t know/refused
100 100
5.You said you think managed care plans do a of serving consumers. What is the MAIN reason you feel this way? Is it your own experience with a managed care plan; what you’ve learned from friends and family; or what you’ve seen or heard on television, in newspapers or other media?
Based on all who say managed care plans do a good job; n=402
Based on all who say managed care plans do a bad job; n=264
Good Job Bad Job
35 39 Own experience 32 32 Friends and family 24 22 TV, newspapers or other media 4 4 Other – VOLUNTEERED 5 3 Don’t know/refused
100 100
6.Now I’m going to read you another list of some groups in health care. This time, please tell me whether you think of each group more as a business looking out for its bottom line OR more as an organization whose main purpose is to serve people like you. (First,) what about…?
Based on Form 1 respondents; n=605
Looking Out For Bottom Line Serving People Like You Don’t Know/Refused
a.HMOs and other managed care plans 54 23 23 =100 b.Companies providing traditional health insurance coverage 63 28 9 =100 c.Hospitals 50 39 11 =100 d.Doctor’s offices and clinics 38 52 10 =100 e.Pharmacies or drugstores 48 46 6 =100
7.Now I’m going to read you some characteristics of health insurance plans. As I read each one, please tell me which type of plan you think has this characteristic — MANAGED CARE plans, TRADITIONAL health insurance plans, or both types of plans. (First,) which type of plan has this characteristic…
Based on Form 1 respondents; n=605
ManagedCare Traditional Health Plans Both -VOL-Neither Don’t Know/Refused
a.Patients must see their primary care or family doctor first, before they can be referred to another doctor or medical specialist. 53 14 24 1 8 =100 b.Patients must pay additional fees to use doctors or hospitals who are not part of the plan. 50 16 22 1 11 =100 c.Puts more emphasis on preventive care and other health improvement programs. 36 24 24 3 13 =100 d.Doctors must follow certain health plan guidelines on the types of treatments and drugs they can give to patients. 47 14 29 1 9 =100 e.Patients must get approval from the health insurance plan before they can receive expensive medical treatment. 48 13 30 1 8 =100 f.Offers a wider range ofbenefits at a lower cost. 39 25 19 4 13 =100 g.Nurses provide much of the routine care that was once handled by doctors 37 16 34 1 12 =100 h.Is more likely to limit payment for certain types of health services when people are sick, in order to keep costs low 48 16 26 1 9 =100
8.Health insurance plans differ from each other in a number of ways. We’d like to know how different characteristics of a health plan might affect your overall opinion of it. First, if you knew that a health plan had this characteristic… would it make your opinion of the plan more favorable, less favorable, or would it not make much difference either way? Next, what if you knew a plan had this characteristic…
Based on Form 2 respondents; n=599
More Favorable Less Favorable Wouldn’t Make Much Difference Refused Don’t know/refused
a.Patients must see their primary care or family doctor first, before they can be referred to another doctor or medical specialist. 36 42 19 3 =100 b.Patients must pay additional fees to use doctors or hospitals who are not part of the plan. 12 68 15 5 =100 c.Puts more emphasis on preventive care and other health improvement programs. 71 8 17 4 =100 d.Doctors must follow certain health plan guidelines on the types of treatments and drugs they can give to patients. 34 44 17 15 =100 e.Patients must get approval from the health insurance plan before they can receive expensive medical treatment. 21 58 18 3 =100 f.Offers a wider range of benefits at a lower cost. 80 7 10 3 =100 g.Nurses provide much of the routine care that was once handled by doctors 36 31 30 3 =100 h.Is more likely to limit payment for certain types of health services when people are sick, in order to keep costs low. 32 48 14 16 =100
ASK ALL:9.Are you, yourself, now covered by any form or health insurance or health plan, including Medicare or Medicaid?
10.How long has it been since you last had ANY kind of health insurance coverage?
82 Insured 17 Total uninsured Last Had Coverage 5 Less than a year ago 3 One to two years ago 2 Three to five years ago 5 Five or more years ago 2 Never had coverage * Don’t know when last insured 1 Don’t know if insured 100
11.Based on all your experience with your current health insurance plan, we’d like you to grade the plan’s performance. If A means excellent, B good, C average, D poor and F failing, what letter grade would you give to your health plan?
Based on all those who are insured; n=991
National National 28 A — excellent 43 B — good 19 C — average 6 D — poor 1 F — failing 2 Not with plan long enough to rate (VOL.) 1 Don’t know/refused 100
11. (Subgroup)Based on all your experience with your current health insurance plan, we’d like you to grade the plan’s performance. If A means excellent, B good, C average, D poor and F failing, what letter grade would you give to your health plan?
Based on all those who are insured; subgroup n=778
Heavy Light Traditional
20 24 33 A — excellent 44 44 43 B — good 25 20 15 C — average 7 9 4 D — poor 3 1 0 F — failing * 1 3 Not with plan long enough to rate (VOL.) 1 2 2 Don’t know/refused 100 101 100
For my next question, I want you to think about the LAST health insurance plan you had.
12.After I read you a brief description of two different types of health plans, please tell me which type you have today (had in the past) as your MAIN health coverage…
13.From what you know, is (was) your plan….Traditional health insurance plans allow you to go to almost any doctor or hospital, but often pay only 80% of the costs of your visit.
Managed Care plans, such as HMOs and PPOs, direct you to a list of doctors and hospitals who are in the plan. If you use doctors or hospitals on the list, the plan pays all or nearly all of the costs. But you have to pay extra if you want to use a doctor or hospital who is not on the list.
To the best of you knowledge, are (were) you covered by…
Based on all who are insured or were insured in the past; n=1163
Based on all who are insured; n=991
Total Now/Past Now Covered 45 44 A traditional health insurance plan, OR 47 50 A managed care plan? 23 23 An HMO, that is, a Health Maintenance Organization 14 16 A PPO, that is, a Preferred Provider Organization, OR 5 5 Some OTHER type of managed care plan? 5 6 Don’t know which type of managed care 8 6 Don’t know/refused 100 100
Ask All:14.Now I’d like your views on HMOs and other managed care plans in general, regardless of whether you are personally in managed care. During the past few years, do you think HMOs and other managed care plans have…
a.Made it easier or harder for people who are sick to see medical specialists?25 Easier 59 Harder 4 No effect (VOL.) 12 Don’t know/refused 100
b1.Increased or decreased the quality of health care for people who are sick?
Based on Form 1 respondents; n=605
32 Increased 51 Decreased 7 No effect (VOL.) 10 Don’t know/refused 100
b2.Increased or decreased the quality of health care for patients?
Based on Form 2 respondents; n=599
32 Increased 45 Decreased 8 No effect (VOL.) 15 Don’t know/refused 100
c.Made it easier or harder to get preventive services such as immunizations, health screenings, and physical exams?
b2.Increased or decreased the quality of health care for patients?
Based on Form 2 respondents; n=599
46 Easier 31 Harder 8 No effect (VOL.) 15 Don’t know/refused 100
d.Helped keep health care costs down, or haven’t made much difference?
28 Helped 55 Haven’t made much difference 5 Made costs go up (VOL.) 12 Don’t know/refused 100
e.Increased or decreased the amount of time doctors spend with their patients?
16 Increased 61 Decreased 9 No effect (VOL.) 14 Don’t know/refused 100
15.As far as you know, do doctors in HMOs and other managed care plans make more money by increasing the amount of services and procedures to patients, OR by limiting the amount of services and procedures?
Based on Form 1 respondents; n=605
31 Increasing referrals 30 Limiting referrals 3 No difference (VOL.) 16 Don’t know/refused 100
Ask All:17.Do you think money saved by HMOs and other managed care plans…
Yes No – VOL-Plans Don’t Actually Save Any Money Don’t know/Refused
a.Allows employers to pay less forhealth insurance? 56 26 1 17 =100 b.Helps health insurance companiesearn more profits? 72 11 1 16 =100 c. Makes health care more affordable for people like you? 49 38 1 12 =100
18.How often do you trust Your Primary Care Or Family Doctor to do the right thing for your care? Would you say…
National 52 Just about always 31 Most of the time, OR 12 Only some of the time? 1 None of the time (VOL.) 2 Don’t have a primary care doctor (VOL.) 2 Don’t know/refused 100
18. (Subgroup)How often do you trust Your Primary Care Or Family Doctor to do the right thing for your care? Would you say…
Subgroup n = 778 Heavy Light Traditional 50 52 63 Just about always 32 36 28 Most of the time, OR 13 10 15 Only some of the time? 1 1 0 None of the time (VOL.) 1 * 4 Don’t have a primary care doctor (VOL.) 2 2 1 Don’t know/refused 99 100 101
19.How often do you trust Your Current Health Insurance Plan to do the right thing for your care? Would you say…
Based on all who are insured; n=991
National 41 Just about always 39 Most of the time, OR 16 Only some of the time? 1 None of the time (VOL.) 3 Don’t know/refused 100
19. (Subgroup)How often do you trust Your Current Health Insurance Plan to do the right thing for your care? Would you say…
Based on all who are insured; subgroup n=778
Heavy Light Traditional 30 31 35 Just about always 46 45 34 Most of the time, OR 22 19 6 Only some of the time? 1 1 1 None of the time (VOL.) 1 3 3 Don’t know/refused 100 99 99
20.If you went to the emergency room, how likely do you think it is that your health plan would pay for the visit–very likely, somewhat likely, not too likely, or not at all likely?
Based on Form 1 respondents who are insured; n=519
National 64 Very likely 24 Somewhat likely 5 Not too likely 5 Not at all likely * It depends (VOL.) 2 Don’t know/refused 100
20. (Subgroup)If you went to the emergency room, how likely do you think it is that your health plan would pay for the visit–very likely, somewhat likely, not too likely, or not at all likely?
Based on Form 1 respondents who are insured; subgroup n=409
Heavy Light Traditional 56 63 78 Very likely 31 24 18 Somewhat likely 4 6 3 Not too likely 8 3 2 Not at all likely 0 2 0 It depends (VOL.) 2 2 0 Don’t know/refused 101 100 101
21.If you had a serious medical problem requiring costly treatment, how likely do you think it is that your health plan would pay most of the cost–very likely, somewhat likely, not too likely, or not at all likely?
Based on Form 2 respondents who are insured; n=472
National 55 Very likely 33 Somewhat likely 5 Not too likely 5 Not too likely 2 Not at all likely 1 It depends (VOL.) 4 Don’t know/refused 100
21. (Subgroup)If you had a serious medical problem requiring costly treatment, how likely do you think it is that your health plan would pay most of the cost–very likely, somewhat likely, not too likely, or not at all likely?
Based on Form 2 respondents who are insured; subgroup n=369
Heavy Light Traditional 44 54 69 Very likely 42 37 23 Somewhat likely 7 6 0 Not too likely 3 2 1 Not at all likely 2 0 0 It depends (VOL.) 1 1 7 Don’t know/refused 99 99 100
Ask All:22. In the past 12 months, have you gone to an emergency room for medical care?
23.Did you have health insurance coverage the LAST time you went to an emergency room?
27 Yes 22 Insured at the time 5 Not insured * Don’t know if insured 73 No * Don’t know 100
24.Did you have a problem having the bill paid by your health insurance plan, or not?
Based on used E.R. In past year while insured; n=266
23 Yes 74 No 3 Don’t know 100 Ask All:25.In the past 12 months, was there ever a time when you thought you needed medical care from an emergency room but did not go?
26.Did you have health insurance coverage the LAST time this happened?
Refrained from using E.R. in past year16 Yes 11 Insured at the time 5 Not insured * Don’t know if insured 84 No * Don’t know 100
27. Why didn’t you go to an emergency room for care when you thought you needed it? Was it MAINLY because you didn’t think your health plan would pay for it, or was it mainly for some other reason?
Based on refrained from using E.R. in past year while insured; n=123
41 Didn’t think plan would pay 53 Some other reason 11 Insured at the time 6 Don’t know/refused 100
28.If you were sick, how worried would you be that your Doctor would be more concerned about saving money for the health plan than about what is the best treatment for you? Would you be..
Based on all who are insured; n=991
National 12 Very worried 18 Somewhat worried 23 Not too worried, OR 2 Don’t know/refused 100
28. (Subgroup)If you were sick, how worried would you be that your Doctor would be more concerned about saving money for the health plan than about what is the best treatment for you? Would you be..
Based on all who are insured; subgroup n=778
Heavy Light Traditional 16 12 7 Very worried 25 17 16 Somewhat worried 21 27 20 Not too worried, OR 34 43 54 Not at all worried? 3 1 2 Don’t know/refused 100 100 99
29.If you were sick, how worried would you be that your Health Plan would be more concerned about saving money than about what is the best treatment for you? Would you be…
Based on all who are insured; n=991
National 18 Very worried 29 Somewhat worried 21 Not too worried, OR 30 Not at all worried? 2 Don’t know/refused 100
29. (Subgroup)If you were sick, how worried would you be that your Health Plan would be more concerned about saving money than about what is the best treatment for you? Would you be…
Based on all who are insured; subgroup n=778
Heavy Light Traditional 24 19 12 Very worried 37 32 22 Somewhat worried 19 24 24 Not too worried, OR 18 25 38 Not at all worried? 1 1 3 Don’t know/refused 99 101 99
30.We’re interested in what your health insurance plan will pay for when you are sick. As far as you know, is there a set of guidelines that allows your health plan to say “no” to certain types of treatment that are covered by the plan, or will your health plan pay for most everything your doctor thinks is necessary for your treatment?
Based on all who are insured; n=991
35 Set of guidelines allowing plan to say “no” 58 Plan will pay for everything 7 Don’t know/refused 100
31.Suppose your current health insurance plan were discontinued and you had to choose a new one for you and your family…
Suppose you had to choose a new health insurance plan for you and your family…
How important would each of the following be to you to help you choose a health plan? (First/Next), how important would it be for you to know : very important, somewhat important, not too important, or not at all important?
Very Important Somewhat Important Not Too Important Not At All Important Don’t know/Refused
a.How much you have to payfor the plan 77 19 2 1 1 =100 b.Whether the plan has a wide range of benefits or a particular benefit you need 82 14 1 1 2 =100 c.How well the health plan takes care of members who are sick or have health problems 89 8 * 1 2 =100 d.Whether the plan offers awide choice of doctors 75 18 3 2 2 =100 e.Whether the plan has passed a review and been accredited by an independent organization 58 28 5 5 4 =100 g.Whether the hospital youprefer to use is in the plan 73 18 5 3 1 =100
32.Which One of the concerns you rated as very important would be Most important to you?
22 How much you have to pay 17 Whether the plan has a wide range of benefits 25 How well the health plan takes care of members who are sick 8 Whether the plan offers a wide choice of doctors 3 Whether the plan has passed a review and been accredited 3 Whether the plan has passed a review and been accredited 3 Whether the plan has passed a review and been accredited 15 Whether your current doctor is in the plan 5 Whether your preferred hospital is in the plan * Other * 1 No item rated very important 4 Don’t know/refused 100
Ask All:33.If you had a serious complaint or problem with your health insurance plan, which ONE of the following do you think would be most helpful to you in solving that problem?
34 Someone at the plan 21 Someone at work involved with health benefits 9 A state government agency, OR 27 An independent organization like the Better Business Bureau? 1 Other 8 Don’t know/refused 100
34.Different groups in health care advertise their services in newspapers, on radio and television. During the past 12 months, have you personally seen or heard any advertisements by… , or not?
Yes No Don’t know/Refused
a.Hospitals 58 41 1 =100 b.Doctors 35 63 2 =100 c.Health insurance companies 67 31 2 =100 d.HMOs or managed care companies 61 34 5 =100
35.We’re interested in how often you think you can trust what certain groups have to say in their advertisements. First, do you think you can trust what… say in their advertisements most of the time, sometimes, hardly ever or never? And how often can you trust what… say in their advertisements?
Based on Form 1 respondents; n=605
Most ofThe Time Sometimes Hardly Ever Never Don’t know/Refused
a. Hospitals 27 40 17 11 5 =100 a. Hospitals 27 40 17 11 5 =100 b. Lawyers 15 25 25 28 7 =100 c. Health insurance companies 23 42 20 9 6 =100 c. Health insurance companies 23 42 20 9 6 =100 d Pharmaceutical or drug companies 28 38 15 15 4 =100 e. Doctors 24 36 18 14 8 =100 f. HMOs or managed care companies 19 38 19 13 1 =100 g. Politicians 11 24 28 31 6 =100
37.The number of Americans who rely on HMOs and other managed care health plans for their health coverage continues to grow. Some people say the government needs to protect consumers from being treated unfairly and not getting the care they should from managed care plans. Others say this additional government regulation isn’t worth it because it would raise the cost of health insurance too much for everyone. Which position comes Closer to your own view?
Based on Form 1 respondents; n=605
52 Government should protect consumers 40 Government regulation would raise the cost too much 8 Don’t know/refused 100
38.In recent months, different groups have said something needs to be done to regulate the operations of HMOs and other managed care plans. Would you Most like to see these managed care plans regulated by…
Based on Form 2 respondents; n=599
19 The federal government, 18 State governments, 34 An independent, non-profit organization, or 16 Not be regulated at all? 2 Regulated by other group (VOL.) 11 Don’t know/refused 100
Ask All:39.Do you think current government rules that regulate HMOs and other managed care plans are…
21 Too strict 23 About right, OR 38 Not strict enough? 18 Don’t know/refused
40.Some people say that managed care plans should give doctors financial incentives to avoid unnecessary services and hold down costs. Others say this threatens the quality of care patients receive and that doctors should not be given incentives to limit services. Which comes closer to your view?
24 Should give doctors incentives 65 Threatens quality of care 11 Don’t know/refused 100
41.Next, we’re interested in your views on media coverage of HMOs and other managed care plans. In general, do you think media coverage of HMOs and other managed care plans has been favorable, unfavorable, or mixed?
54 Fair 19 Unfair 11 Mixed/Some fair, some unfair (VOL.) 16 Don’t know/refused 100
43.During the past 12 months, how much have you personally seen or heard in the media about HMOs or managed care? Would you say a lot, some, only a little, or nothing?
18 A lot 38 Some 31 Only a little 1 Don’t know/refused 100
44.Recently, there have been some news stories about people having bad experiences with their HMOs and other managed care plans. I’m going to briefly describe a few of these news stories. After I read each one, tell me if you think this kind of experience happens often, sometimes, or rarely to people in managed care.
Here’s the (first/next) story… Do you think this happens often, sometimes, or rarely to people in managed care?
Based on Form 2 respondents; n=599
Often Sometimes Rarely Don’t know/Refused
a.”A family says their HMO held back ontheir child’s cancer treatment” 26 40 23 11 =100 b.”A man went to an emergency room for stomach pains without calling his HMO first. Afterward, the HMO refused to pay any of his bill because he failed to get permission to be treated in an emergency room.” 46 31 14 9 =100 c.”A newborn baby returned to the hospital, seriously ill, the day after he had been sent home because of an HMO rule that allowed only a one-day hospital stay. The baby had been sent home from the hospital even though his mother expressed concerns about his health” 39 34 18 9 =100
45.Now I have a few questions about your own health insurance. How long have you been enrolled in your current health plan?
Based on all who are insured; n=991
16 Less than one year 22 One to less than three years 15 Three to less than five years 15 Five to less than ten years 30 Ten years or more 2 Don’t know/refused 100
46.Are you NOW covered by a private health insurance plan through your employer or someone else’s employer, or don’t you have coverage through an employer?
Based on all who are insured; n=991
57 Yes, through own employer/former employer 16 Yes, through someone else’s employer/former employer 25 Three to less than five years 15 No, not through an employer 2 Don’t know/refused 100
47.At any time in the past five years, were you forced to change from one health plan to another because of a decision by an employer?
Based on all who are insured; n=991
21 Yes, through own employer/former employer 16 Yes 51 No 27 Don’t have employer provided coverage 1 Don’t know/refused 100
48.When you enrolled in your current health plan, did you have a choice of more than one plan, or was only one plan available?
49.How many plans were available for you to choose from?
Based on all who are insured; n=991
Had Choice of Health Plans 55 Yes 3 Eight or more plans * Seven plans 2 Six plans 5 Five plans 7 Four plans 15 Three plans 15 Two plans 8 Don’t know how many plans 41 No choice, only one plan available 4 Don’t know/refused 100
50.Earlier in this interview, I asked you about some different features of health plans. When you chose your current plan, do you think there was enough variety — or NOT enough variety — among the plans you had to choose from?
Based on all who are insured; n=991
44 Enough variety 9 Not enough variety 45 Didn’t report having a choice of plans 2 Don’t know/refused 100
51.Now, I’m going to ask you about some of the characteristics of your current health insurance plan (your LAST health insurance plan). Some plans charge less if you choose your doctor from a list, but make you pay more if you go to a doctor not on the list. Does (Did) your plan work this way, or not?
Based on all who are insured or were insured in the past; n=1163
Based on all who are insured; n=991
Total Now/Past Now Covered 49 50 Yes 43 43 No 8 7 Don’t know/refused 100 100
52.Some plans require you to sign up with a specific primary care doctor or group of doctors who provide all your routine health care. Does (Did) your plan work this way, or not?
Based on all who are insured or were insured in the past; n=1163
Based on all who are insured; n=991
Total Now/Past Now Covered 46 46 Yes 49 49 No 5 5 Don’t know/refused 100 100
53.Some plans require you to have approval or a referral before they will pay for any of your costs for visiting a doctor who is not in the plan. Does (Did) your plan work this way, or not?
Based on all who are insured or were insured in the past; n=1163
Based on all who are insured; n=991
Total Now/Past Now Covered 47 47 Yes 44 45 No 9 8 Don’t know/refused 100 100
54.Some plans require you to have a referral by a primary care doctor before you can see a medical specialist. Does (Did) your plan work this way, or not?
Based on all who are insured or were insured in the past; n=1163
Based on all who are insured; n=991
Total Now/Past Now Covered 54 53 Yes 37 39 No 9 8 Don’t know/refused 100 100
55.Some plans allow you to go to any doctor or hospital and then submit your bill for reimbursement. Does (Did) your plan work this way, or not?
Based on all who are insured or were insured in the past; n=1163
Based on all who are insured; n=991
Total Now/Past Now Covered 46 48 Yes 47 48 No 7 6 Don’t know/refused 100 100
Ask All:
56.Thinking now about your own health …In general, would you say your health is excellent, very good, good, only fair, or poor?
24 Excellent 34 Very good 27 Good 10 Only fair 4 1 Don’t know/refused 100
57.Does any disability, handicap, or chronic disease keep you from participating fully in work, school, housework, or other activities, or not?
14 Yes 85 No 1 Don’t know/refused 100
58.Were you hospitalized for anything in the past 12 months, that is, since (August/September) 1996? IF FEMALE, ADD: other than for a normal, uncomplicated delivery of a baby?
14 Yes 85 No 1 Don’t know/refused 100
59.Has a doctor or other health professional ever told you that you have any of the following conditions?
Yes No Don’t know/Refused
a.Heart disease, including high blood pressure 21 78 1 =100 b.Stroke 3 96 1 =100 c.Emotional or mental illness 5 94 1 =100 d.Cancer 6 93 1 =100 e.Diabetes 6 93 1 =100
60.As you may know, physician-assisted suicide involves a doctor giving a terminally ill patient the means to end his or her life. Do you think it should be legal for a doctor to help a terminally ill patient commit suicide, or not?
45 Yes, should be legal 44 No, should not 11 Don’t know/refused 100
Demographics:Now I have just a few questions for classification purposes only…
D2. In politics TODAY, do you consider yourself a Republican, Democrat, or Independent?
24 Republican 34 Independent 1 Other party 4 None 6 Don’t know/refused 100
D3.Are you NOW self-employed, are you employed by someone else, are you retired, or are you not employed for pay?
12 Self-employed 52 Employed by someone else 18 Retired 12 Not employed 1 Disabled (VOL.) 2 Other (full-time student, homemakers, etc.) (VOL.) 3 Don’t know/refused 100
D4.Are you NOW working full-time or part-time hours?
53 Full-time 11 Part-time 36 Not employed * Don’t know/refused 100
Ask All:D5.Are you married, LIVING AS married, divorced, separated, widowed, or have you never been married?
53 Married 2 Living as married 2 Divorced 3 Separated 9 Widowed 20 Never been married 4 Don’t know/refused 100
D6.Are you the parent or guardian of any children under 18 now living in your household?
36 Yes 61 No 3 Don’t know/refused 100
D7.What is the LAST grade or class that you COMPLETED in school?
5 None, or grade 1-8 11 High school incomplete (grades 9-11) 32 High school graduate (grade 12 or GED certificate) 3 Business, technical, or vocational school AFTER high school 23 Some college, no 4-year degree 16 College graduate (B.S., B.A., or other 4-year degree) 6 Post-graduate training or professional schooling after college (e.g., toward a master’s degree or PhD; law or medical school) 4 Don’t know/refused 100
D8.What is your age?
21 18 – 29 39 30 – 49 19 50 – 64 15 65 + 6 Refused 100
D9.Last year, that is in 1996, what was your total family income from all sources, before taxes? Just stop me when I get to the right category.
8 Less than $10,000 14 $10,000 to under $20,000 15 30 – 49 20 $30,000 to under $50,000 13 $50,000 to under $75,000 6 $75,000 to under $100,000 4 $100,000 or more 4 Don’t know 16 Refused 100
D10.Are you, yourself, of Hispanic or Latino origin, such as Mexican, Puerto Rican, Cuban, or some other Spanish background?
4 Yes 91 No 5 Don’t know/refused 100
D11.What is your race? Are you white, black, Asian, or some other race?
80 White 10 Black/African-American * Asian 3 Other 1 Mixed 6 Don’t know/refused 100
Region:
20 NE 25 MW 34 SOUTH 21 WEST 100
That completes the interview. Thank you very much for your time and cooperation. Have a nice day/evening.
Is There A Managed Care “Backlash?” :Press Release Survey Chart Pack
Medicaid Expenditures and Beneficiaries: National and State Profiles and Trends, 1990-1995 – Chart Pack
Medicaid Expenditures and Beneficiaries: 1994 Update
October 1998






Medicaid Expenditures and Beneficiaries:Policy Brief Tables Chart Pack
The Kaiser/Harvard Health News Index, November/December 1997
The November/December 1997 edition of the Kaiser Family Foundation/Harvard Health News Index includes questions about major health issues covered by news media, including questions about AIDS and the Health Care Bill of Rights. The survey was based on a national random sample of 1,201 Americans conducted December 4-9, 1997 which measures public knowledge of health stories covered in the news media the previous month. The Health News Index is designed to help the news media and people in the health field gain a better understanding of which health stories in the news Americans are following and what they understand about those health issues. Every two months, Kaiser/Harvard issues a new index report.
Note: This publication is not available on our website. However, the data from these surveys is still available through the Public Opinion and Media Research Group. Please email kaiserpolls@kff.org for more information.
Is There Room for Conscience without Compromising Access? Are Affiliations Between Religious and Secular Health Care Organizations Threatening Access?
These resources were prepared for a briefing held for journalists in New York City on November 4, 1997 in New York City as part of a joint program by The Alan Guttmacher Institute, The Kaiser Family Foundation and the National Press Foundation. This program focused on mergers, acquisitions, consolidations, joint ventures, and other affiliations between Catholic and non-Catholic hospitals and health systems and the effect these affiliations have on access to reproductive health services. A report prepared for the Kaiser Family Foundation on this same topic called Is There a Common Ground? Affiliations Between Catholic and Non-Catholic Health Care Providers and the Availability of Reproductive Health Services is online.
The Impact of Managed Care Legislation: An Analysis of Five Legislative Proposals from California
This study analyzed five 1997 managed care consumer protection proposals currently or recently under consideration by the California state legislature: allowing consumers to sue their HMO (health maintenance organization) or managed care plan; expanding access to prescription drugs not approved by the health plan; expanded coverage of mental health services; direct access to obstetrical andgynecological services; and lengthened minimum hospital stays for mastectomy patients.