
Week 11


Week 9
It takes all the running you can do to keep in the same place --The Red Queen
Do not go where the path may lead, go instead where there is no path and leave a trail. --Emerson
iPhone Mods - tips and tricks
I have been playing with my iPhone 3G a lot lately and having a lot of fun figuring some useful mods out. This reminds me of early computer days in terms of user-end changes and experimentation. Anyway, all of these ideas are stolen from other sites and just synthesized here in my logic - which is at the level of a retarded 3rd grader.
How to Sync Your iPhone on Multiple Computers (e.g. your desktop and laptop)
1. Download the free programUltraEdit
2. Find your itunes library
3. Locate the file "iTunes Music Library.xml"
3. Open the file with any text editor (e.g. notepad or UltraEdit)
4. Find the entry between the
5. Copy the entry down exactly on a piece of paper.
6. Close the file.
7. Make sure itunes is not running
8. On the other machine you want to sync with (e.g. laptop or work computer), open the file "iTunes Music Library.xml" in a text editor and, again, find the entry between the
9. Copy the entry down exactly on a piece of paper.
10. Now, replace that entry with the entry you copied in step 5 - don't change anything else. The new entry should also be 16 characters and match that on your first computer.
How To Jailbreak Your Iphone
1. Download WINPWN 2.5
2. Download Firmware 2.0.2 IPSW
3. Plug in iPhone to USB
4. Power off iphone
5. Run WinPWN 2.5
6. Select the 2.0.2 Firware file when prompted
7. Follow steps to put iphone in DFU mode
8. WINPWN will shop up on iPhone with message to restore custom IPSW
9. Hold SHIFT button and push the restore button in iTunes
10. You will be prompted to select your IPSW
11. Select the ISPW you must built (it will be called something like “Custom_2.0.2” and will likely be in My Documents
How To Tether Your 3G (using your iPhone to get your laptop on the internet)
1. Jailbreak your Iphone
2. Download 3Proxy in Cydia
3. Download Terminal in Cydia
4. Create an “ad-hoc” network by right clicking on the two computers in the bottom right hand corner of XP or Vista
5. In the first box of the create ad-hoc dialog, type in anything you want for the network name. I named mine “3G Net”
6. In the second menu, select, “No Security/Open Access”
7. Create Network
8. You will temporarily lose your internet access as your laptop starts the ad-hoc network and leaves the wireless you were on
9. Now go to your Iphone
10. Go to Settings à Wi-Fi and your newly created Ad-Hoc Network should be listed there
11. Join that network
12. Now you need to write your new IP Address down for your Iphone by clicking on the blue dot to the right of the network name in settings
13. Write the IP Address down, you will need it in a moment
14. Now go to the “Terminal” program on the 3G
15. Type in “socks”
16. Nothing will seem to happen, but it does
17. Hit the home key
18. Go to Safari and then type in a URL (e.g. http://www.google.com)
19. Your Iphone won’t be able to get on the web through the Ad-hoc and will automatically switch to 3G but it will keep the ad-hoc network running in the background
20. Now go to your laptop and open up Firefox
21. Go to Tools à Options àNetwork à Settings
22. Click “manual proxy configuration”
23. On the last line that says SOCKS Host, type in the Iphone IP address you wrote down earlier
24. Type in 1080 for the port to the right
25. Click ok
26. In the URL of firefox, type in “about:config”
27. On the Filter line, type “socks”
28. Click on network.proxy.socks_remote_dns
29. This will change the value from “false” to “true”
30. In the URL box, type in a URL (e.g. http://www.google.com) and you should be good to GO!!!!
31. If you need more help, go to
a. http://cre.ations.net/blog/post/how-to-tether-your-iphone-3g-and-browse-the-web-using-your-3g-co
How to get NES ROMs on your Iphone
1. Download WinSCP on your home computer or laptop
a. It’s free at
i. http://winscp.net/download/winscp416setup.exe
2. On your iPhone, go to Cydia – you will need three programs
a. WifiToggle
b. OpenSSH
c. NES
3. Connect your 3G to a WiFi network
4. Get IP Address of the iPhone (Settings à Wifi à blue button on the right)
5. Disconnect the phone from the Wifi Network
6. Go back to WinSCP and type in the iPhone IP Address in the “Host Name” field
7. Type in “root” as the username and “alpine” as the password but DO NOT try to connect yet
8. Go to the iphone and hit “Toggle Wifi”
9. This will enable the WiFi and give a message that says “Enabling in 3 seconds” and then disappear when you join
10. Right when the message disappears, or just before, hit “Join/Connect” on WinSCP
11. The timing is important – otherwise the iPhone security features will load up and not allow you to connect
12. If you connect successfully a file explorer screen will come up with the iphone on the right side
13. Now you are ready for ROMs
14. ROMs can be placed in …..
a. You might need to create a directory called “NES”
15. To find ROMs, you need a torrent programs, like uTorrent
a. http://download.utorrent.com/1.8/utorrent.exe
16. Go to http://www.mininova.org and search for NES games
17. You can usually find all the ROMs as one zipped file
18. Download the file using uTorrent
19. Now you just drag and drop the files using WinSCP from your computer to the correct folder on the iPhone
How to Create Ringtones
1. First, you need to go to Control Panel à Appearance and Personalization à Folder Options à Show Hidden Files and Folders à and make sure that “hide extensions for known file types” is NOT selected
2. Go to itunes and select the song you want (if using itunes, you can’t do this with a song purchased through itunes).
3. Right click on the song and select “Get Info”
4. Put in the start and stop time of the ring tone you want to create in the dialog box (max = 40 seconds)
5. Select “OK”
6. Now, right click on the file and go to “Convert Selection to AAC” and click on this
7. Itunes will do some magic and the new file will appear
8. Right click on the file and select “display in Windows Explorer”
9. Find the file in Windows Explorer
10. Make sure that the file has the “m4a” extension – if not, see step 1
11. Select the file and right click on it and select “rename”
12. Rename the file from whatever.m4a to whatever.m44
13. You should get a message from windows telling you that this will be an unstable file. That’s good. If you don’t get the message, see step 1.
14. Go back to itunes and add the file into the library
15. Now sync or drag the file into ringtones
References and Software
1. How To Sync Your iPhone to multiple computers
2. UltraEdit
3. WinPWN 2.5
5. iCafe
7. Sleepers

















I'm giving the following talk as part of National AHEC Week (see below)
http://hscweb3.hsc.usf.edu/health/now/?p=414
The Case for Single-Payer, Universal Health Care in the United States
Jason W. Wilson, MSIV
National AHEC Week 2008 (March 24th-28th)
USF AHEC luncheon Tuesday, March 25
Noon - 1:00pm / MDC 1097
Open Invitation to All USF Health
To mark the start of National AHEC week on Tuesday, March 25 USF’s Area Health Education Center (AHEC) Program will host a luncheon & presentation entitled "The Case for a Single-Payer Universal Health Care in the United States". The thought provoking presentation will be delivered by medical student Jason Wilson, President of the Class of 2008.
"In order to resolve health disparities, we must focus on possible systematic and structural origins of outcome differences," states Wilson, a fourth year medical student. "A major area where we see large disparities between populations and individuals in this country is in access to health care services. Unfortunately, access is often limited due to lack of health insurance or inadequate coverage. Equal access won’t solve all of our health care problems, but certainly we can address many AHEC goals by working towards better policy and economic structure."

College of Medicine’s Class of 2008 President, Jason Wilson, and Cynthia Selleck, Program Director of USF AHEC and President of National AHEC Organization.
USF’s AHEC Program Director is also the President of the National AHEC Organization. Cynthia Selleck, DSN, ARNP, says AHECs plays an important role in the workforce development, training and education component of the nation’s health care safety net programs. "AHECs focus on improving the quality, geographic distribution and diversity of the primary care healthcare workforce and eliminating the disparities in our nation’s healthcare system." There are 54 AHEC programs throughout 47 states operating 208 centers in rural and medically underserved areas.
The March 24th luncheon on the campus of USF Health is open to all, with food provided by Gulfcoast North AHEC.
A Closer Look at USF AHEC and the national organization…
The University of South Florida AHEC was created in 1993 and has placed thousands of medical, nursing, public health and other health professions students in medically underserved and community-based sites to provide health care during clinical training rotations.
Congress established National AHEC Week in 2006 as an opportunity to recognize AHEC’s valuable contributions in the recruitment, retention, education and training of health professionals in medically underserved areas.
Linking Title IV of the College Cost Reduction and Access Act to EMTALA.
The benefits of the Public Sector loan forgiveness clause.
Recently, current medical students and residents received a scare after the passage of HR 2669 – The College Cost Reduction and Access Act. As many now know, the language in the bill would have ended the so-called 20/220 debt-to-income rule that allows most residents to receive economic deferment status of federal loan repayment during postgraduate training. It is possible to qualify for the 20/220 pathway if an individual’s debt burden is greater than 20% of income and if their debt to income ratio is less than 220% of the federal poverty level for a two person household. Any resident with $100,000 of federal loans (2/3s of all medical school graduates) would qualify for the deferment during all three or four years of post-graduate training.
Instead, the CCRAA would have implemented an income-sensitive repayment plan. There is an important difference between deferment and forbearance in regards to delaying repayment and many residents would have had to seek forbearance during their training. Deferment means that subsidized student loans will continue to be subsidized during the deferment period. When the CCRAA passed, 20/220 pathway to deferment looked to be out the window. Furthermore, the income-sensitive repayment plan proposed a cap on borrower’s repayments at 15% of their income with a minimum of $4,200 per year. This would result in approximately a payment of $350 per month beginning in 2009 and given residents and unwelcome choice between this large monthly bill or the accumulation of interest.
Here is the problem with that in comparison to the old plan: If you pay $350 per month during 3 years of residency ($12,600 over 36 months) you have essentially just taken a pay cut of about $4,000 per year and you will still owe the same on your loans as you would have under the old deferment model that paid the interest for you. Why? Assuming you have the maximum aggregate subsidized loan, you will only be touching the interest during that 36 month period – the interest that would have been paid by the government in the deferment model. Thus, residency salaries essentially decrease by $4K.
Fortunately, while the CCRAA did pass, the 20/220 rule was NOT eliminated thanks to hard work by the AAMC, AMA and AMSA. You can help ensure that the 20/220 stays intact by supporting S. 2303 and visiting www.ama-assn.org/go/cola for more information.
So, now that the fear of monetary loss has subsided, is there anything good about the CCRAA? Does it have any impact on EM or medicine more broadly? Well, indirectly the answer is “yes”, more directly, the answer is “maybe”. Let’s take a look at the CCRAA and explore some ways I think that the bill’s language might allow improvements in our own discipline by putting this law in the context of other federal legislature such as EMTALA (or at the very least brings in to question some areas of EMTALA that could be improved by further advocacy).
First of all, the CCRAA does some very important things that should be commended: the law increases the amount of a federal Pell grant by almost $1100 by 2012 and establishes a $4,000 a year grant for future teachers. For those of us in or near repayment, the new bill also decreases Stafford loan interest rates to 6.8% if disbursed between 2006 and 2008. Eventually, interest rates will be 3.4% for loans disbursed in 2012. The new law also increases grant funding through College Access Challenge Grants for underserved student populations. In addition, specific funds are disbursed to minority serving institutions.
While all of these aspects of the CCRAA are laudable, I would like to turn our focus to Title IV of the legislation. This part of the CCRA discusses loan forgiveness and outlines a program to increase public service employment among new graduates. More specifically, the portion of the bill allows for full Federal Direct Loan forgiveness after 120 months of income sensitive payments occurring simultaneously with 120 months of public service employment. Borrowers who have FFEL or other federal loans could consolidate/reconsolidate their loans under the Direct Loan program to qualify.
So, what qualifies as a “public service job”? Well, let’s look at the language of HR 2669. The CCRAA defines a public service job as follows:
A full-time job in emergency management, government, military service, public safety, law enforcement, public health, public education (including early childhood education), social work in a public child or family service agency, public interest law services (including prosecution or public defense or legal advocacy in low-income communities at a nonprofit organization), public child care, public service for individuals with disabilities, public service for the elderly, public library sciences, school-based library sciences and other school-based services, or at an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or Teaching as a full-time faculty member at a Tribal College or University as defined in section 316(b) and other faculty teaching in high-needs areas, as determined by the Secretary.
Is “EM physician” a public service job? I would argue that the answer to this question is “yes” for two reasons.
1. The language of the bill specifically states that those with a full-time job in emergency management are considered public service employees. Certainly, an EM Physicians manages patient services, an emergency department, as well as broader aspects of emergency care (including EMS and disaster planning). These are all components of the job duties found in emergency medicine physician positions.
2. Federal mandates to treat all comers defined by EMTALA specifically link emergency medicine services to public service. The ED is often the last resort for patient care in our current health care setting. There is a legal and ethical responsibility to treat every patient that enters our doors and this responsibility is taken up by EM physicians when other fields refuse. This treatment, however, does not come with any guarantees for reimbursement nor are we protected from litigation resulting from undesired outcomes. The services we provide to the community and the risks of increasing our legal exposure during difficult cases suggest that we provide a public-service as a full time job. Thus, EM physicians should be eligible to qualify for the loan forgiveness provision.
When the CCRAA was passed this year, no one envisioned the potential burden to current and future medical residents. This was an unintentional consequence and, once it was pointed out, was quickly resolved. Now, we are left we a CCRAA that will likely be modified to make the 20/220 pathway permanent. Therefore, we can turn our attention to positive aspects of the CCRAA. We have invested heavily into higher education in this country. The interest on our student loans will finance education in this country for the next generation. Thus, as heavily invested shareholders, we have a stake and claim to an associated piece of legislature that affects the economic and monetary rewards of that system. The recognition of EM physician as a public service job will lead to some relief from a heavy loan debt for many young members of this field.
The issue of funding in relationship to EMTALA can be taken a step further (and outside the context of the CCRAA). This debate reminds us that, while we are obligated to treat all-comers to the ED, there is no guarantee of monetary reimbursement associated with that responsibility. Whether we work through the language in the CCRAA or not, we must continue to advocate progress in the current structure of EMTALA. More specifically, until funding and exposure issues are resolved, we will continue to fail at resolving the problems laid out in the 2006 IOM report on emergency medicine. The on-call shortage is inherently linked to this issue and, in the current context of medico-legal liability, it is up to us to find creative approaches at raising awareness to the problems that exist within emergency medicine. If that means using a new law as a tool for advocacy, so be it.
ABSTRACT
INTRO: How would universal health coverage change the volume of patient visits, the acuity of encounters, and the structure of residency training in a typical academic ED? To put this question another way, if the current structure of health care funding in the United States is partially responsible for the growth of academic emergency medicine and residency training, how will changes to that funding system impact medical education within the field? In order to enter the national debate regarding access to health services, emergency medicine must understand the current relationship between visit acuity and funding and the potential changes to that relationship given various specific funding policy initiatives. If patient volume and acuity is partially responsible for the increase in the number of EM residency training positions over time, what would the impact on medical education be if that volume and acuity shifts? Is there any reason to expect any shifts in the context of universal health coverage?
MATERIALS/METHODS: This is a retrospective case control study using a computer software database program to conduct a chart review of a large urban hospital ED associated with a university. First, the distribution of visit acuity is described for funded and unfunded patients over a 1 year period. Next, the null hypothesis that there is no difference in those distributions is tested. Finally, multiple regression analysis is used to test the hypothesis that funding status explains the variation in visit acuity and examines how much of the variation in the acuity distributions can be explained by funding status or other variables such as age and race. Finally, these results are discussed in the context of potential new healthcare spending initiatives to address questions of possible changes in patient volume and acuity within an academic ED.
RESULTS:
DISCUSSION: EM has a legal and ethical mandate to treat underfunded and uninsured patients. Therefore, we have unique insight into how health policies affect patients. Thus, we have an obligation to enter the national health care debate.
INTRODUCTION
The goal of this paper is to address the following question: How would universal health coverage change the volume of patient visits, the acuity of encounters, and the structure of residency training in a typical academic ED? To put this question another way, if the current structure of health care funding in the United States is partially responsible for the growth of academic emergency medicine and residency training, how will changes to that funding system impact medical education within the field?
Emergency departments are designed to provide life saving care at all hours of the day and night. However, in reality, many patient encounters are for non-emergent health problems. Numerous hypotheses have been posited to account for this phenomenon and some have suggested that these non-emergent visits likely result from a lack of ambulatory care and underfunding of health coverage in some patient populations (Haywood et al., 1991; Rask et al., 1998; O’Brien et al., 1997). This paper examines the link between the increase in non-emergent ED patient encounters and the number of EM residency training programs. Furthermore, changes to sociopolitical policies and health care affect the demographics of patient visits to the ED. Here, the potential changes that might be expected within some variant of universal health coverage are quantitatively considered.
Past research has focused on differences in the epidemiology and demographic characteristics of frequent versus infrequent users of the ED and a number of researchers have tested hypotheses relating to funding as a causative agent in such differences. In a 2001 study conducted in Sweden by Hansagi et al., the authors found that frequent users of ED services were also frequent users of ambulatory services. The conclusion was that universal coverage does not reduce ED visits. Other studies in Europe have shown similar results regarding the epidemiology of frequent ED users in universal coverage systems (Byrne et al., 2003). However, this conclusion cannot be extrapolated to the United States because many of our patients have no other access to services and we do not know what the ED would like in Sweden sans universal care.
A similar type of study was carried out by Byrne and colleagues in 2003 within a mixed-funding environment (an ED in Massachusetts) and similar results were found regarding the correlation between high frequency ED visits and high frequency outpatient visits. However, these studies have not addressed the types of ED visits that took place or the possible effects of funding changes on those ED visits. In other words, past studies have examined some of the variables within a health services model, but have not examined how those variables co-vary when another variable in that model is changed. Thus, it is critical to explore issues of patient funding, potential changes in coverage, and their estimated effects, on our current system of emergency medicine. In order to enter the national debate regarding access to health services, emergency medicine must understand the current relationship between visit acuity and funding and the potential changes to that relationship given various specific funding policy initiatives. The assumption of this paper is that majority opinion regards the current funding model to be in crisis and that a solution is necessary. Some type of change will arrive and that change might impact the structure of ED visits.
BACKGROUND
Emergency medicine is a growing field. This year, three new allopathic residency training programs have begun accepting new applicants (Florida Emergency Medicine Physicians, Oklahoma State, and UTMB-Galveston) and a number of other programs have increased the allotment of new residents for the subsequent year.
The field of EM was born approximately 40 years ago with the founding of ACEP in 1968 and the subsequent movement toward board specialty status. Herbert Flessa started the first EM residency training program at the University of Cincinnati with Bruce Janiak as the first resident in 1970. By 1975, there were 31 residency programs (http://www.emra.org). In 2001, there were 124 allopathic sites (Lathrop et al., 2001) and AMA-FREIDA lists 141 allopathic EM residency training programs as of October 2007. Furthermore, there were 4,957 approved training spots according to the ACGME in the 2003-2004 season. However, EM, like all fields of medicine, is affected by sociopolitical policies and changes. In the ED, the demographics of our patient encounters may be most reflective of shifting lifestyle choices or social-epidemiological risk factors more so than anywhere else in medicine.
On the eve of the 2008 elections, a number of candidates have outlined some form of mandatory universal health coverage. Furthermore, the recent presidential veto to expand S-CHIP has renewed the debate regarding a broader universal health care system in the United States for both children and adults. While health care expenditures continue to rise as a percent of our GDP, health outcomes have not improved substantially. Many health care professionals now accept the fact that change is necessary to insure solvency and better care for our patients.
In order to remain ahead of potential shifts in health policy, it is important to consider how such changes to coverage and patient funding might affect the volume and types of patient encounters in the ED. Our field is still relatively young and has not yet witnessed multiple shifts in policy and political cycles. It is critical to examine potential scenarios and affects of those scenarios on the field of residency training and medical education in emergency medicine.
The 2006 IOM report on EM notes that, over the past decade, the number of emergency rooms has decreased while the number of ED visits has increased. During this same period, the overall number of training positions has also increased. The volume of patient visits is not the only variable that accounts for the growth of our field. Certainly the spread of the requirement that hospitals staff EDs with ABEM certified physicians has also created a shortage of well-trained doctors that is likely to persist for some time, even if residency training continues to expand. However, it is important to consider all variables that lead to growth of a particular industry and, surely, patient volume must be one of those factors that provides a basis for increasing the total number of EM residency positions. The question is, to what extent does volume matter and, more importantly, is there even any reason to expect a volume decline in the context of improved patient funding and better access to primary care? The goals of this paper are to elucidate the relationships between funding, volume, and acuity of patients visiting a typical academic ED in order to provide more insight into how the field might change a future scenario with 100% access to ambulatory physicians and preventive services.
MATERIALS AND METHODS
In order to answer questions regarding changes to the distribution of visit types and volume, it is necessary to first examine descriptive data for a typical academic ED in an urban setting under the current model of coverage. What is the distribution of acuity in ED visits among insured patients? What is the distribution of acuity in ED visits among unfunded patients?
Next, I will test the null hypothesis that there is no difference in these distributions. If the null hypothesis if false, a prediction is that, if unfunded patients seek ED care for primary health concerns, the distribution should be right skewed (towards lower acuity visits with Level 4 and Level 5 triage designations)*. However, it is also possible that unfunded patients will have a left-skewed distribution toward lower acuity visits if (1) they rely on the ED for ambulatory care at roughly the same volume as the normal population visits primary care physicians and (2) if the occurrence of high acuity visits is infrequent, or at least equal to that of the funded group so as to not inflate the mean due to ordinal numbers of higher magnitude. If there is a right-shift distribution in the unfunded patients, how does this represent the overall distribution of ED visits in a given year?
If there is a statistically significant difference between funded and unfunded low-acuity visits, that difference may represent a pool of patients that would seek care with a primary care physician if funding were equal between the two groups. If this pool of patients is lost, what would the impact be on the ED in terms of lost patient encounters, teaching experiences, residency training and medical education? In other words, how much primary care/ambulatory care do we really see in the ED and how much of that would likely be lost if all patients could visit a primary care physician?
Finally, it is important to examine the state of EM and the demographics of patient encounters within academic EDs in other countries that have different types of funding models. For example, the demographics of an academic ED in Canada or other industrialized democracies may provide some insight into expected changes within our own departments.
This is a retrospective case control study using a computer software database program to conduct a chart review of a large urban hospital ED associated with a university. X number of patients will be identified that had no existing funding on presentation. Next, X number of control patients will be identified who have some source of funding (private insurance, Medicare, Medicaid, other state or local agency coverage – such as the Hillsborough County Health Care Plan). [Or should I look at all cases over a given time period – e.g. 6 months, 1 year, etc – depends on how easy it is to pull out info from the database??]. The cases and controls will be assigned a unique identifier. Given the retrospective and anonymous nature of this study, a request for informed consent was [will be] approved by the USF IRB and other aspects of the study were done with appropriate review. [will this likely receive exemption from the IRB people?]
The cases and controls will be compared to ensure that any observed differences in acuity level are explained by variation in funding status, as opposed to age, race, or sex. Thus, a chi-square analysis is conducted between the two groups for each of those three variables. Any significant differences in the groups will be addressed and controlled for in further statistical analyses (i.e. age and/or race may predict funding status and -- especially age -- may also predict level of acuity of a given ED visit).
For the cases and the controls, the level of acuity will be assigned a number from 1-5 based on the initial triage assessment [or should I base this on the discharge ICD-9 code and correlate that to acuity???]. Statistical analysis is used to test the hypothesis that there is no difference in the distribution of acuity level between groups. If there is a difference in acuity level, the hypothesis that the difference is explained by funding status will be further explored.
To test the hypothesis that there is no difference in the distributions of acuity level in the funded and unfunded group, a two-tailed T-test is employed. If statistically significant at p < style=""> Finally, an odds ratio can be calculated for the likelihood of a high acuity visit [Level 4 and 5?] between the unfunded and funded groups. A 95% CI is calculated for the odds ratio. An odds ratio is useful because the results of the ratio calculation can go in either direction and still provide relevant data. In other words, is it more likely that an unfunded patient relies on the ED for all primary care, thus, comes in for a wider range of ED visits with a likely lower mean-acuity score? Or, is it possible that the unfunded patient only uses the ED in a catastrophic event, simply living without medical care for most health concerns?
RESULTS
DISCUSSION
Leadership is seeing problems before they exist and knowing possible answers to questions that have not been asked. EM is a unique position to see the impact of our country’s healthcare policies first hand. Through federal legislation (EMTALA) and the words of our current president (“they can just go to the ER [if they don’t have health insurance]”) we are also the safety net for the underfunded and uninsured. Thus, we have an ethical mandate to play some role in the national health care spending debate.
Currently, we are nowhere near universal health coverage in this country. However, as our patients continue to suffer, vulnerable to the vetoes and philosophical debates of legislation, we must be willing to discuss realistic approaches to improving patient care. If our overall goal is to improve the health of our patients and keep them out of the ED, it is critical to understand the projected impacts of a wide range of potential solutions and improvements to our current healthcare crisis. While the idea of keeping customers away may seem to be a paradoxically positive outcome in the business of EM, this is balanced by the prospect of 100% reimbursement rates in the context of future health care spending policies.
References
1. http://www.emra.org
2. http://www.acgme.org/acWebsite/CMS/resPopData_specialty03-04.pdf
3. http://www.cjaonline.net/Communities/FL_Hillsborough.htm
4. Hayward RA, Bernard AM, Freeman HE, et al. Regular source of ambulatory care and access to health services. Am J Public Health. 1991;81:434-438.
5. O’Brien GM, Stein MD, Zierler S, et al. Use of the ED as a regular source of care: associate factors beyond lack of health insurance. Ann Emerg Med. 1997;30:286-291.
6. Rask KJ, Williams MV, McNagny SE, et al. Ambulatory health care use by patients in a public hospital emergency department. J Gen Intern Med. 1998;13:614-620.
7. IOM. Hospital based emergency care – at the breaking point. 2006.
Notes
* However, this is complicated by the possibility that unfunded patients waiting to seek care may present with more high acuity complaints due to delay in care.
**In Hillsborough County, there is an award-winning and nationally recognized comprehensive health care plan for indigent members of the community. Up to 28,000 residents are eligible for this plan at up to 100% poverty level. The plan emphasizes preventative services, early intervention, health education, and the coordination of health and social service. Thus, enrollment previous to recorded ED visit will be considered “funded” for this paper. However, enrollment during ED visit will be considered “unfunded” even if retroactive funding covers the particular visit since that patient would not have benefited from the primary care inherent to the plan previous to the ED visit.
***If there are more than funded vs. unfunded (e.g. underfunded) – conduct a trend analysis to examine the relationship between acuity and level of funding
An alternative to jury based malpractice decisions and a potential solution to the malpractice crisis
The Health Care Blog has posted an interesting audio file updating us on Health Courts via a discussion with Professor Mello from the Harvard School of Public Health. Definitely worth a listen.
If you have been reading my blog for a while, you may remember a discussion of a bipartisan bill which proposed a Federal Health Court System. I couched that discussion in terms of, at that time, recent 2004 elections which added to health-related amendments to the Florida state constitution. If you are interested in those amendments or the context of the original discussion, read the post here.
Otherwise, here is an excerpt of my original discussion that is limited to a summary of the Health Courts Proposal:
"....only 2% of patients injured by negligent care ever file a malpractice claim and the current malpractice system only compensates 1 in 14 people. These low odds and the lack of precedent cause attorneys to adopt a strategy of swamping the courts with malpractice claims, 4 out of 5 of which are found to be invalid. A system of standards for awards and for care would greatly reduce frivolous suits and would allow attorneys, patients, and physicians to modify their practices and behavior accordingly.
There is a solution to these problems that would be in complete alignment with Amendment 3 and Amendment 8. The Progressive Policy Institute, among others, proposes a system of health courts for liability claims and written standards of liability settlement that would function similar to the workers compensation claims process operated by the Board of Labor.
The most striking and revolutionary changes that would follow the health court system would be a shift from designating blame to a particular physician into assigning a process of blame to a team, group, or institution. Furthermore, and maybe most controversial, the system would end jury awards for malpractice and would rely on written standards to dispense benefits.
The basic tenants of the Progressive Policy Institute proposed Health Court system include (1) replacing civil courts with health courts to hear liability claims (similar to specialized tax courts), (2)creating a written standard of accelerated compensation events (ACEs) of common medical mistakes and errors (e.g. bleeding after colon surgery requiring an additional surgery) that would detail a benefit schedule that could be included with lost wages and direct economic damages, (3) ability for patients to directly file liability claims with the health care provider or hospital, (4) a local board that would review injury claims and determine if they meet ACE designation or if they require further judafication, (5) a system of state and federal health care boards with mixed funding at each level, (6) the establishment of additional ACEs and benefit standards determined by written case law (7) experts will be paid and obtained by the court and board, not by the attorneys from either side, (8)the ability to monitor truly negligent hospitals and institutions over time and (9) use of evidence based medicine to establish a standards board for practicing physicians.
The benefits of this system are that physicians will have a clear idea of what constitutes malpractice and liable behavior because their will be a written set of standards developed from court rulings. This will decrease overall health care expenses by decreasing the practice of “defensive medicine” which is common among physicians (an over abundance of tests are ordered to cover liability). Furthermore, all patients will have access and ability to pursue injury claims in a similar manner in which they already pursue worker’s compensation claims. In addition, the hiring of experts by the court will reduce attorney fees significantly making it easier for low-income individuals to obtain representation. Also, juries should not be in the business of deciding law, they should be focused on deciding fact. However, the unclear precedents in current malpractice suits make it so that the jury focuses their efforts on deciding law since there are no clear standards of care. It is quite possible that two people suffering identical injuries will receive very different awards simply based on the jury they receive. A physician faces the same fate at the mercy of an assembled jury. Health Courts remove juries from these decisions and allow clear expectations and standards to develop over time.
The Progressive Policy Institute has also outlined a number of potential objections to this system. The objections will likely come from attorneys for two reasons – (1) citizens have the right to a jury trial and (2) malpractice attorneys could suffer decreased compensation and less demand for services. However, the workers compensation model is ideal for demonstrating that it is possible to settle liability claims without a jury. Furthermore, if only 2% of malpractice injury claims are pursued at present, and only 1 in 14 of those receive an award, attorneys may be able to find compensation simply by the increased frequency of malpractice cases they will be able to take on.
One other potential problem is that large jury awards have been significant for increasing reform in other industries. For example, tobacco lawsuits resulted in billions of dollars in jury awards that threatened tobacco companies and resulted in significant modifications within their industry and an increase in positive health outcomes among the community. However, the large jury awards are not useful in altering physician behavior or hospital practices. Since there are no clear standards in place, it is not possible that a systematic practice of negligent and liable behavior is occurring. In other words, there is no behavior to deter by these awards. As a matter of fact, the large awards are linked to increased health care costs due to the practice of defensive medicine and high insurance rates.
........By enacting a short-term 1% increase in malpractice premiums, a much larger decrease could be expected in the following years. The 1% increase can be used to set up a state Health court, as well as local boards that create ACEs and review claims. Once the system is launched, necessary attorney fees will drastically decrease as neutral experts are hired by the state, not the legal team. In this scenario, injured claimants would certainly recover 30%, or more, of their first $250,000 in non-economic damages. Furthermore, a state board would be created with the ability to monitor negligence and malpractice among individual physicians and hospitals...... It is possible that even with the significant reduction in attorney’s fees and the elimination of unfair jury awards, malpractice premiums may not decrease. At that point, the state should explore insurance reform, similar to the MIRCA in California to ensure that we maintain a population of specialist physicians in the state. In the immediate future, a state Health Court would allow us to address numerous problems now posed to us by the liability crisis. Furthermore, we would create the necessary infrastructure that goes beyond putting a band-aid on a gushing wound, allowing us to plan for adequate delivery of health care services now and in the future."

















