The key to improving the quality of healthcare
services in India and reducing costs at the same time can be found by
enacting legislation which lays down minimum standards of patient care.
In the absence of such standards and the reluctance of health insurance
companies to standardise either price or quality, healthcare services
continue to be expensive and of doubtful quality. Developing
standards
of patient care by legislative mandate and a change in the attitude of
health insurers can change the equation in favour of the patient who is
now at the mercy of the hospital.
Expecting
improved healthcare services at reduced prices seems contradictory.
Surely any improvement in any service must necessarily entail a rise in
cost? While there is a need to increase expenditure on health there is
also a dire need to cut down costs. Cost escalation is needed where
existing pricing systems have little slack. This is not the case where
healthcare delivery in India is concerned. There is not only a great
deal of slack in the existing healthcare pricing in the private sector
but also, in order to bring it down without causing loss and benefiting
all is very much possible.
Before doing that, we would like to say that existing high prices for
facilities in the private healthcare sector are no guarantee of high
quality just as the low prices of facilities in the public sector are no
indicator of poor quality. Actually where the practice of the
healthcare sector is concerned, pricing is not an indicator of much. The
one factor that makes such a contradictory state of affairs possible is
the fact that there is no professional consensus on what constitutes
good patient care, and nor is there any legislative mandate on
delivering it or on establishing controls on how this is being done.
Clinical vs Economic Sense
Self-regulation by the market just does not work where healthcare is
concerned. The externalities in healthcare are too many. This is why
there are so many reported cases of nursing homes conducting caesarean
sections even where normal deliveries were entirely possible; this is
why hysterectomies are conducted on unsuspecting women. That women have
lesser control over their bodies is only one of the issues here. The
main reason for the contradiction is this: clinically it may make better
sense to conduct a normal delivery on a female or to give drugs to
angina patients but economically it makes better sense for the health
facility to conduct a costlier procedure like a caesarean section or an
angioplasty. Simply put, what is good for the patient may not be so good
for the health facility which is treating him/her. The only way to
resolve this situation is to have transparent standards of patient care
coupled with effective regulatory mechanisms to enforce these. Those who
find the word “regulation” like the proverbial red rag to the bull,
should ask themselves how many times they have dared to request their
doctor to prescribe a generic medicine instead of a branded one and got a
negative answer or how many times they have been cheated by a
healthcare facility. For people who have a negative answer to either
question, we can only say that they are either extraordinarily lucky or
extraordinarily naïve.
1 Standards of Patient Care
Quite simply regulating healthcare means two things: first, drafting
standards of patient care, and second setting up implementation
machinery for monitoring the same. It sounds simple but as with all good
things, it is rather difficult to do. These are matters that have been
discussed in great detail in professional journals but have seldom been
translated into practice on a large scale.
Standards of patient care would mean, among other things, pricing
standards. Developing such standards means that the hospitals would need
to work out the costs of carrying out any specific procedure. For
instance, what would it cost a hospital to treat a patient needing a
heart bypass, beginning from his entry to the hospital up to exit? Most
private healthcare facilities which are doing good business would
already have a break-up of the costs involved. But making such a package
public is akin to inviting flak. After all if we were to add up the
prices of all the items needed for a heart bypass ranging from
consumables like catheters, oxygenator, cannulae, medicines, etc, to the
fees of the surgeons, anaesthetists, and others along with the costs of
stay, it would be difficult to drive the figure much beyond Rs 1 lakh.
How then would a five-star hospital justify charging Rs 5 lakh for the
procedure? These are the margins existing in the business as of now.
The answer to the question of how such large margins are possible
lies in the scarcity of hospitals and of doctors available for such
operations. Limited supply means that the facilities charge whatever
they think the market can take. If poorer people are priced out
altogether, that would not affect the hospitals much since supply is so
scarce in the first place and they have sufficient takers.
Public hospitals could have prevented this by making independent
calculations and then making them public. They do not do so perhaps
because this would put pressure on them to offer cashless transactions
for a variety of ailments which they are unable to. The less said about
procurement in a public hospital, the better. It is a constant battle
against limited budgets, cost overruns, harried doctors and
uncooperative bureaucrats.
Maintaining Standards
So the private sector will not and the public sector cannot take on
the task of developing packages for specific ailments. Here comes the
third party in this transaction which is the insurance company. The
insurance companies say clearly that it is not their task to regulate
the healthcare sector. Perhaps this is the single-most important reason
for the inflated healthcare premiums which they charge and patients
unwillingly pay. Pricing standards are only the beginning of the story.
Standards of patient care would also mean quality of care standards.
What do we mean by quality of care standards?
Patient care processes in any healthcare facility have multiple
aspects: the numbers and quality of human resources, status of
infrastructure and equipment; maintenance of medical records; keeping
track of hospital-acquired infections; monitoring medication to ensure
safe drug delivery; the use of standard operating protocols; keeping
track of adverse events like drug reactions, medication errors,
unforeseen complications, etc. A high quality patient care standard
would attempt to develop benchmarks for each of the processes enumerated
above.
To make it simpler, a human resource benchmark would mandate that all
intensive care units (ICUs) should have a nurse: patient ratio of 1:3
and for patients on ventilator, a nurse: patient ratio of 1:1. An
infrastructure indicator would be that the operation theatres (OTs) have
uninterrupted water and power supply and all ambulances have emergency
trays, intravenous fluids and a trained paramedic. Keeping track of
hospital-acquired infections would mean having registers in each ward
for surgical site infections; for ventilator associated pneumonias in
ICUs, for catheter related urinary tract infections and so on. Currently
almost 95% of the hospitals in the country only note such incidents on
the individual case papers. No separate registers for different types of
infection are maintained. This automatically means that it becomes
impossible to get data on the numbers and pattern of any specific type
of infection in any facility. Patient care processes are about intensive
record-keeping. Failure to keep records makes it impossible to engage
in collecting feedback or in taking corrective action.
The National Accreditation Board for Hospitals and Healthcare
Providers in India is charged with the task of developing such
standards. By 2013, it had accredited some 275 hospitals in the country
out of at least 50,000 establishments. So long as there is no
legislative mandate for a hospital to follow patient care standards, no
one really sees a need to seek such accreditation. It is often argued
that these standards are very costly to maintain and it is not cost
effective for hospitals to observe these. However, the majority of the
measures described above only involve developing and following protocols
and rigorous record-keeping. There are 50 bed hospitals which have
successfully applied for and obtained such accreditation, so why not the
others?
Registering Clinical Establishments
If developing standards is such a desirable process, how does one go
about doing it? A first step has already been taken by the Government of
India (GoI) in enacting the Clinical Establishments (Registration and
Regulation) Act in 2010. This provides a basic legislative framework for
registering all clinical establishments and for developing standards
for different types of facilities, whether maternity homes, super
specialty hospitals, pathology laboratories or ayurveda centres. As of
now, it has been implemented in all union territories as also the states
of Arunachal Pradesh, Mizoram, Sikkim and Himachal Pradesh. A few
others like Uttar Pradesh, Rajasthan, Bihar and Jharkhand have adopted
this Act and are in the process of setting up implementation machinery
for the same. Kerala and Maharashtra have said that they would enact
their own version of the legislation. So any state could use this
legislation as a starting point to develop its own bill, if it does not
wish to adopt the central law.
A word of caution here. The story of Indian governance is about a
series of well-meaning measures which fail at the implementation stage.
While embarking on this task, we need to be sensitive to the reasons for
the failure of the present legislation and to ensure that these
mistakes are not repeated.
One of the basic reasons why the existing Nursing Home Acts extant in
some states do not function is that no machinery has been created for
its implementation. The healthcare personnel in the service of various
state governments are tasked with providing healthcare, not regulating
it. For carrying out this function, separate machinery needs to be
created. To ask the civil surgeon and district health officer who are
already implementing a hundred other programmes, to also look after the
regulation, is a futile exercise. Nothing extensive is needed except
minimally one officer with basic staff in each district or ward as the
case may be, for registering the thousands of clinical establishments in
the country today.
Second, to make things simpler for all concerned, web-enabled
applications are needed with a user friendly interface to facilitate
self-registration by the various clinicians and hospitals. This would
ensure that the hospitals and clinics would not need to actually visit
any office unless there are some deviations from the standards proposed.
Also, the task of the government machinery would simply be to sift
through the data and check for any significant deviations and also to
disseminate information about the standards being adopted to the maximum
extent possible.
Finally, having citizen stakeholders on board in each of these
authorities would certainly help achieve more transparency and also
provide a much-needed feedback mechanism. Currently a great problem in
existing government functioning is that citizens are rarely entrusted
with civic duties which would give them some idea of the complexity of
problems facing the state. A lack of involvement of the citizenry also
means that government officials rarely receive feedback about what is
happening unless they themselves make serious efforts to go out and
obtain it.
Once precautions on the above lines are taken, there is every reason
to believe that healthcare regulation would actually succeed in its
appointed task.
2 Prices of Health Services
Once healthcare regulation is put in place, the state machinery can
then make use of the enabling environment created to bring down prices
of health services. Medicines and medical devices are one of the most
important components of these services. Medicine prices have just as
much to do with the manner in which pharmaceutical companies and
druggists operate as with the prescribing practices of doctors. Entire
legions of medical representatives are deployed by the pharma companies
with the sole object of disseminating information about their drugs to
doctors and encouraging them to prescribe these drugs. This is the first
barrier that needs to be broken.
Some countries like Bangladesh have for decades implemented a drug
policy emphasising generics and have prohibited the manufacture of
branded drugs deemed to be either hazardous or of no therapeutic value.
As a result almost 80% of drugs sold in Bangladesh are generic drugs but
this is not the case in India. And prices of branded formulations are
far higher than generic ones. Given the trajectory of development of the
private pharma sector in India, it seems difficult to enact legislation
as Bangladesh has done. Still there is much that can be accomplished
even given the adverse incentive structure of the pharma sector.
A way out for government hospitals is to use the single payer
mechanism. To implement this, the first requirement is to take away the
burden of procuring all but emergency items from government hospitals.
Staff in these institutions is over worked, less than required, under
constant pressure and ill equipped to handle the challenges of
procurement. For that a dedicated staff and team is needed. The one role
for the medical personnel is to frame the specifications and to check
whether material supplied is as per those specifications. The rest is a
job for a dedicated management team.
Such procurement teams rarely exist in the government machinery; the
result is that the same medicine is being procured by a variety of
different hospitals in the same state; the same medicine is procured
under different budget heads and often one department head has no idea
what the other is doing. Each individual transaction adds its own price
component to the final price.
To break this cycle, first an essential drug list needs to be drawn
up by the procurement team. This exercise when conducted in Rajasthan
and Maharashtra showed that the actual list of essential medicines
needed for all levels of care was fewer than 500 while routinely
procurement was being done for over 2,000 drugs. This rationalises the
entire procurement exercise a great deal, saves much time and effort.
Once this is done, software is used for collating the indents of the
hospitals throughout the state and money from different budget heads is
merged. Once the self-same paracetamol or amoxycillin as the case may
be, is procured in bulk and under a single payer system, prices come
down by up to 100%. The margins in the pharma business are considerable
and this is the only way to approximate wholesale prices. Generating
transparent e-receipts for goods supplied, and payment in 30 days can
bring down prices further. To recap an old maxim, there are no free
lunches. Where suppliers know that their payment will come through six
months later, they would factor in that much interest into whatever
price they charge. Wherever suppliers know that they would have to
approach 50 different offices for payment, they factor in those
transaction costs as well. It is the act of removing all these hidden
costs which makes the medicines cheaper.
Here is one example. Drug eluting stents are very costly items or so
all cardiologists say. The Central Government Health Scheme (CGHS) had
been buying them for approximately Rs 60,000 and more for many years and
the same was the case with most state health departments in the
country. Then someone in the GoI got to know that these prices were
marked up by 300% and issued a directive that the prices be slashed. But
the medical device companies were reluctant to oblige. Why should we
offer such a discount, they asked. It is a different matter that they
had been offering precisely such discounts to all private hospitals.
Then the Public Health Department of the Government of Maharashtra
floated a tender for drug eluting stents making it clear that only the
lowest bids would be accepted and also that drug coatings in the same
family would be clubbed together for price evaluation. They clubbed the
demand of a few government hospitals to arrive at a figure of
approximately 300 stents. They stipulated, however, that the stent would
have to be either approved by the United States Food and Drug
Administration or have the European Union’s CE mark. The lowest bid in
that tender was Rs 23,700 which was one-third the original price!
Single payer systems, where properly implemented, do work. But again
it would be very important to build in corrective mechanisms in this
entire process by setting up a call centre for grievance redressal. This
way in case patients are unable to access medicines at the pharmacy, at
least they can call and make their grievance known.
The Ministry of Health and Family Welfare in the GOI has estimated
that an average expenditure of under Rs 50 per capita per annum is
sufficient to cover outpatient expenses of most patients. But we need to
make every single paisa of that money count and using the single payer
system to remove the hidden costs is one way of achieving that target.
3 Problems with Insurance
Once some healthcare regulation is in place, bringing insurance
premiums down is much more feasible. The logic of single payer systems
remains valid for this just as much as for medicine prices. Maharashtra
and Tamil Nadu have shown that for large populations running into
crores, floating tenders for health insurance for a defined set of
families fetched a per family premium of Rs 333 in Maharashtra and Rs
497 in Tamil Nadu for an annual coverage of Rs 1.5 lakh and Rs 1 lakh,
respectively. These prices also include administrative charges. The
reason for such low premiums is that while six out of 100 families may
fall ill in any specific year, premium is paid for all 100. With these
premiums and an average per claim cost of Rs 25,000 to Rs 30,000, the
insurance company just about breaks even.
Here, there are two kinds of problems that we face: those connected
with the healthcare sector as discussed above, and those connected with
the structure of the insurance industry itself. Once hospitals agree to
work out package rates for specific ailments, the job of the insurance
company becomes much simpler. But this is not something the insurance
companies are eager to do. Their argument is that this is not their job.
Their job is simply to offer health insurance in current market
conditions; not to change those market conditions.
What the insurance industry does not realise or perhaps it does but
does not care is this: healthcare affects far too many lives and has too
many ethical dimensions for such a view to be tolerable. Healthcare
insurance is not just another variety of motor vehicle insurance,
whatever the health insurance industry may wish. By pricing market
interventions, like it or not, they offer price incentives for doing
certain procedures and disincentives for doing other kinds of
procedures. The task of the state is to see that those prices
incentivise the right kind of interventions and that they are not
perverse and against the interests of the patient. Thus to price a
caesarean section as much higher than a normal delivery would achieve
many more caesareans than normal deliveries, irrespective of what is
good for the patient.
The one way to deal with this problem is to develop clinical
protocols based on the guidelines of evidence-based medicine. That way
it would be possible to offer the treating physicians guide maps of
desirable options when treating a patient. This is what the professional
medical associations in western countries routinely do. For some
reason, professional associations in India, whether of cardiologists,
surgeons, gastroenterologists, etc, with a few exceptions, have not
really engaged in this kind of exercise. A beginning in this regard has
already been made in Maharashtra and also by the central government with
the assistance of top-line doctors. Once the protocols are in place,
only some kind of treatments would be allowed and others would be
disallowed. What is significant about the Maharashtra experiment is that
the insurance company concerned, the National Insurance Company, has
agreed to use these protocols. This is a first in the country. Otherwise
insurance companies routinely use the least cost solution to health
insurance claims irrespective of what may be good for the patient.
But there is another problem and this one has to do with the way in
which the insurance industry in India is structured. The insurance
industry routinely subcontracts out most of its job, at least where
healthcare is concerned, to what they call third party administrators
(TPAs). What is wrong with this, you would ask. Is it not normal for
jobs to be farmed out on contract basis? Yes it is routine to farm out
jobs on contract basis but in this specific case what is being done is
that the entire task of admitting a claim, beginning from a
pre-authorisation to the processing of the bill, is farmed out to an
organisation which has no stake in the healthcare of the population.
This creates a most pernicious incentive structure. There is a world of
difference between contracting in individuals and contracting in
organisations with financial interests distinct and different from the
original organisation. The insurance industry, at least arguably, does
have some interest in seeing that people fall ill less often and in
encouraging wellness. The government shares that interest. The TPA has
no such interest. It is doing a job for a fixed remuneration. Most
insurance companies have hidden clauses whereby the TPAs are
incentivised for artificial claims control, meaning to allow claims only
up to a certain limit and not beyond. Soon the TPAs discover a more
lucrative way of making money: of tying up with the hospitals they
service for creating fake patients and fake illnesses and thereby
earning a steady income. The insurance industry spends a lot of money on
controlling such fraudulent practices. But administrative controls
cannot set right the pernicious incentive structure the mere act of
using a TPA creates.
There are strong reasons why a government needs to use an insurance
company for buying hospital services for its citizens. This way there is
an impartial mediator to service those needs, to negotiate with the
hospitals and to process pre-authorisation requests for treatment and
the resulting claims. At the same time there is a financial incentive
for the company to keep some check on costs. Governments are not
equipped for such tasks especially where negotiating discounts with
hospitals, or indeed with any entity, are concerned. But to further
allow the insurance company to sub-contract this job to a stakeholder
with zero interest in positive health outcomes is counterproductive.
The insurance industry regulator, the Insurance Regulatory and
Development Authority (IRDA) is well aware of the problem and the recent
measures announced place severe limits on the tasks that a TPA can do
for a health insurance company. But as we said earlier, the pernicious
incentive structure remains; what the IRDA does about it remains to be
seen. As a government body the IRDA is expected to take a stance which
is in in the interest of the public rather than the industry.
The way to deal with this problem is to disallow the TPA and persuade
health insurance companies to develop domain expertise. After all if
they wish to make money on this sector, they need to develop some skills
for doing it which do not go against the public interest.
Eliminating the TPA would also bring down the costs of health
insurance a great deal. Currently health insurance companies are free to
charge up to 20% for administrative charges. This is ridiculously high
and can easily be halved, provided that the government also agrees to
regulate the healthcare sector and provided that the TPA phenomenon is
eliminated.
Commitment Required
All three solutions that have been spelt out above: regulating the
healthcare sector, bringing down medicine and device prices and bringing
down insurance premiums, are very much possible. What it takes is
vision and a certain commitment to healthcare.
Several challenges would emerge but all we need is a constructive
mindset. First all these systems require the use of and certain degree
of comfort with computer-enabled systems. They also need good internet
connectivity and high bandwidths. Urban areas do not present a problem
in these respects but rural areas would need to upgrade infrastructure.
Tamil Nadu, Maharashtra and Andhra Pradesh have been implementing
web-enabled solutions for the population including rural areas for some
years now, so this is very much within the realm of the possible.
Second, such measures would only work where strong mechanisms are set
up to receive continuous feedback from consumers which in turn serves
as a self-corrective. Call centres are one such mechanism. Third party
evaluations are others.
Surely where the results would be so beneficial to the public at
large and no one is harmed, it should be possible to achieve all this
and still to bring down prices.
Most important of all in a democracy, we need to arrive at some kind
of consensus: not only in recognising that there is much that is wrong
with our healthcare systems but in terms of the willingness to correct
what is wrong. The Clinical Establishments (Registration and Regulation)
Act is a step in the right direction. Whether the state governments
will take it up seriously or whether it will be seen as just one more
intrusive and costly policy suggestion of the GOI, remains to be seen.