Among the many maddening things about the American health care
market, few are so exasperating as its baroque and opaque pricing.
The typical hospital bill makes the untranslatable Voynich
manuscript seem like a child’s grade-school reader by
comparison.
Such complexity is partly owing to a simple fact: Much of the
market is managed by huge, bureaucratic organizations that employ
thousands of people to do nothing all day but grind through
minutiae. This leads to things like the ICD-10, a diagnostic coding
system that governs the classification and reporting of diseases
and injuries.
With 16,000 different codes, the ICD-10 gets rather specific.
Was the patient struck by a turtle? Enter code W5922XA. Was she
struck by a sea lion? That’s a separate code—W5612XA. Code S30867A
covers nonvenemous insect bites to the anus. There’s one code for
assault with a hockey stick, another for assault with a baseball
bat. And then there is V91.07XA, for patients who have been burned
by flaming water skis. (Burned by flaming water skis a second time?
That’s V91.06XD.)
American health care providers must update from ICD-9 to ICD-10
this year. It says so right in the Federal Register, under a rule
titled “Administrative Simplification.”
Drug pricing represents another area that seems to have been
designed by a circus clown on quaaludes. Most products drop in
price over time as new and better ones come on the market. Not so
for some drugs. Take Avonex, a prescription drug for multiple
sclerosis. According to a piece in Bloomberg Businessweek,
prescriptions for Avonex have been declining—while its price has
more than doubled. The price for Gleevex, a drug used to treat
leukemia, has risen from about $118 per pill seven years ago to
more than $300 now.
Indeed, prices for numerous drugs have shot up in recent years
by twofold, fourfold and even more. And that doesn’t even count new
wonder drugs such as Sovaldi, the life-saving hepatitis drug that
costs $84,000 for a 12-week course, or Kalydeco, a treatment for
cystic fibrosis that costs more than $300,000 per year.
There are various explanations for such eye-popping charges.
Pharmaceutical companies spend billions of dollars a year on
research, and they need to recoup that money. If they don’t, then
the stream of new wonder drugs eventually will dry up. But R&D
is not the sole explanation, especially regarding those drugs whose
prices suddenly jump after they’ve been on the market for
years.
Other factors include pharmaceutical industry consolidation,
which leads to larger companies with more bargaining clout, and a
federal law, much in need of repeal, that prevents one of the
largest market participants—Medicare—from haggling. Confronted with
a useful drug that carries an outlandish price, Medicare has two
choices: take it or leave it.
Then there’s the patent-and-exclusivity system, which allows
drug companies to recoup the costs of developing a drug by granting
them exclusive sales rights for only a limited time. The
exclusivity period for orphan drugs—those created to address rare
conditions—lasts only 7 years, for example.
In 2013, drug companies lost more than $19 billion when patents
expired and competitors started replicating various treatments. By
a remarkable coincidence, the industry collected $20 billion by
marking up other prescription drugs.
Sky-high prices present a serious dilemma: How much should
people pay, or be forced to pay, for life-saving and life-changing
treatments?
Insurance spreads the cost around. For run-of-the-mill
prescriptions, co-payments usually constitute a fixed dollar
amount, such as $25. For some advanced and expensive drugs,
insurers have been asking policyholders to pay a percentage, such
as 25 percent. For a drug that costs thousands of dollars, that can
put a big dent in the patient’s bank account.
According to some, there oughtta be a law against that. And in a
few states, such as New York and Vermont, there is. Del. Jennifer
McClellan would like Virginia to have one, too. The Richmond
Democrat has introduced a bill that would forbid insurance
companies to charge more than a $100-per-month co-payment for such
specialty drugs.
This seems an odd way to go about addressing the problem of high
drug prices, which is not caused by insurance companies. In fact,
the legislation is likely to make the problem worse, not better, by
hiding the true prices of the drugs instead of bringing them
down.
Like the flat rate at an all-you-can-eat buffet, flat
co-payments are an invitation to overconsume. A patient asked to
pay 10 percent of a drug’s price will object if the price doubles.
But a patient who pays no more than $100 regardless of the price
won’t care.
What’s more, pharmaceutical companies often know they can jack
up prices without fear that insurers will drop coverage for a
particular drug—because Obamacare requires prescription-drug
coverage, and each state sets the formulary determining which drugs
must be included. That robs insurance companies of bargaining
leverage against drug companies. Allowing insurers to choose what
they cover would help solve the drug-price problem.
Proponents of McClellan’s bill say people shouldn’t have to
choose between paying for medicine and paying for food. That’s like
saying people shouldn’t have to choose between paying for clothes
and paying for shelter. It sounds high-minded, but it ignores
economic reality.
Capping co-payments doesn’t lower prices one cent—it simply
forces some people to pay more so others don’t have to. In the
process, it renders the health-care market even more opaque and
obscure.
They should have an ICD-10 code for that, too.