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Ann Thorac Surg 2001;71:1410-1414
© 2001 The Society of Thoracic Surgeons


Thomas B. Ferguson Lecture

Public policy and the practicing physician

The Honorable Bill Frist, MDa

a United States Senate, Washington, DC, USA

Presented at the Thirty-seventh Annual Meeting of The Society of Thoracic Surgeons, New Orleans, LA, Jan 29–31, 2001.

The importance of a larger view

It’s a great honor to present the inaugural lecture in this series named for Dr Thomas B. Ferguson, a man who has always understood the profound and far-reaching implications of public policy on the practice of medicine, an understanding that was, in many ways, far ahead of its time.

Throughout his distinguished career, Dr Ferguson not only recognized the necessity of staying current in our changing world, but dedicated himself to making that necessity apparent to the cardiothoracic surgeon, challenging him to move beyond his traditional frame of reference—the basic and clinical sciences—to the larger world of technology, economics, ethics, and, of course, public policy, perhaps the most powerful external force impacting medicine today.

Happily, his efforts to educate his colleagues and urge them to action has borne fruit, as the many cutting edge initiatives of the STS so amply demonstrate. Not the least of these are the STS Foundation for Research and Education; the Professional Affairs Committee, that has been so active on issues in Washington; and the STS National Database, which has been at the forefront of data acquisition and analysis and is the only national data base pertinent to an entire specialty and developed voluntarily by the profession.

These purposeful connections to public policy are critically important because, more than any other single factor, public policy will define our future—what happens not only with the delivery of health care in general, but with the individual practices of each and every one of you, which is why understanding public policy is so important.

It is in that tradition, and with that purpose, that I speak to you today. Because, as I have learned quite directly, the need for your participation is greater today than ever before.

Public policy in the founding era

But, as I have also learned, participation takes many forms.

In the early days of our Nation, physicians led the American people in war and in peace, on battlefields and in field hospitals, as aide-de-camps and officers, as statesmen and legislators, governors and historians. In fact, when I consider Dr David Cobb, who achieved the rank of Brigadier General under George Washington; Dr Eliphalet Downer, the "fighting surgeon" of the American Revolution; Dr John Hazlett, who was killed at the Battle of Princeton; Dr Samuel Prescott, who finished sounding the alarm after Paul Revere was captured by the British, serving in the Senate seems like pretty tame duty by comparison.

Since the Founding era, 51 practicing physicians have served in the U.S. Senate (Fig 1). Some were active in local or state politics before they ran. Some, well-known for military or other service, were appointed or drafted to serve. Others simply realized that through politics they could address the medical problems that affected all patients, not just their own.



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Fig 1. Number of physicians in the U.S. Senate, 1789–present.

 
Many of these achieved significant accomplishments in their public life. For example: Lewis Linn (1833) an authority on Asiatic cholera, greatly contributed to fighting two epidemics; Jacob Gallinger (1891), who was also a diplomat, wrote the legislation that ended most of the medical quackery of the times, such as patent medicines; Henry Hatfield (1929) conducted pioneering work in bone surgery; and Royal Copeland (1923) published numerous scientific writings, produced national radio broadcasts on health-related topics and, most importantly, worked night and day for five years to pass the Food and Drug Act of 1938,which created the FDA.

However, physician participation in public life has diminished steadily over time. The greatest number served between 1800 and 1849, when there were 23 physicians in the Senate. From 1850 to 1900, there were 14. From 1900 to 1949, only eight, and from 1950 through 2000, just two.

Today, physician-senators are rare, for the reasons obvious to us all: the exponential growth in the body of medical knowledge, the increased investment in time and training; and the lack of appeal of political life.

But different times demand different models.

Public policy in the current age

When I came to the US Senate in 1994, the first practicing physician to be elected in almost 70 years, I had a purpose different from that of America’s Founding physicians. My goals were to halt the proliferation of unnecessary federal regulations; modify the steadily progressing trend of increasing government intrusion into the practice of medicine; reverse the swelling tide of increasing micro-management of medical practice; and stop the slide towards socialized medicine that was moving the center of gravity away from patients and toward a federal bureaucracy.

I focused on three primary objectives: refocusing federal efforts on quality not just cost; protecting the sanctity and authority of the doctor-patient relationship; and defending the profession against excessive intrusion from HMOs and managed care.

I helped pass laws to eliminate so-called "drive-by deliveries;" allow physicians to determine length of maternal stay after delivery; extend the portability of health insurance; double funding for the National Institutes of Health; increase funding for graduate medical education; create a new NIH center for minority health; modernize the FDA; reinvigorate our public health infrastructure; and refocus the Agency of Health Care Research and Quality (AHRQ) on improving the research behind quality health care delivery.

While I recognize that few of you will ever run for the U.S. Senate, you should know that the skills that have served me best in that arena are the very same skills that you possess. Indelibly ingrained from the first day of medical school, they are skills collectively unique to medicine and especially to surgery, and they make you uniquely qualified to participate effectively in public policy.

What are they? A solid work ethic, honed by years of disciplined training; an ability to rapidly assess benefits and risks; the organized thought processes by which our decisions are made—the ability to listen, assimilate, diagnose and decide; the endurance, responsibility, and accountability we are willing to invest, as well as the compassion, dedication, and courage we bring to our work; our commitment to improve the lives of others and put their interest before our own; our role as sacred repositories of our patients’ trust; our oath to do no harm; and our recognition that the relationship between doctor and patient is special and must be preserved.

Taken together, these skills result in an approach to problem-solving that instills confidence, produces credibility, ensures objectivity, and facilitates cooperation—a combination that is both special and powerful.

But Congress is not the only place where these skills can be put to work. In fact, we are entering an age when physicians will have the opportunity to use them much closer to home.

Before we can use them, however, we must understand how they can be applied to the public policy process, which is why the Thoracic Surgery Foundation’s "Executive Course in Health Care" at the Kennedy School of Government is so important. It not only teaches you the principles of health care reform but actually helps you understand how you can initiate the changes in medical health care delivery that are so needed today.

More than 200 cardiothoracic surgeons have been through the course thus far. All are well-informed and highly-motivated to take their new-found knowledge and apply it in their own medical practices, in their own local communities, and across the nation. Some may even get the chance to apply it in ways they never imagined.

To give you an idea of just how far-reaching an effect one’s medical experience can have, not just on our Nation, but also on the world, I’d like to relate how I was able to apply the medical experience I gained on a recent trip to Africa to the public policy arena in the United States Senate.

In July, 2000, I spent six days in Sudan with the relief organization Samaritan’s Purse. Sudan is a classic example of what has come to be known as "humanitarian warfare," a type of aggression, characteristic of the post-Cold War era, that deliberately seeks to inflict pain and suffering on civilian noncombatants by denying them vital human needs.

Unlike other wars in which so-called "collateral" damage is unintentional, humanitarian warfare uses starvation, forced migration, and the manipulation of medical resources and food supplies as an integral part of its military strategy.

During the 17 years in which civil war has raged in Sudan, four million Sudanese have been displaced, making them the largest internally displaced population in the world. In just one area, Paboung, 31,000 people have fled into a swamp where they not only suffer from extreme malnutrition (Fig 2) but are prone to infections of all kinds. Cut off from the rest of the world, a once strong, well-nourished people are now thin, gaunt, and fragile. In fact, when I met with the leader of the resistance he told me that their number one problem is not war but health care.



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Fig 2. Senator Frist surveying conditions in the Sudan.

 
But Sudan is not the only African nation affected by disease. Throughout Sub-Saharan Africa, more than 23 million adults and children are infected with HIV, almost four million have died from AIDS, tuberculosis has hit Africa with a vengeance, and malaria now kills about a million Africans a year.

When I returned from Africa, I used my medical knowledge and experience to develop and pass several bills that addressed the problems I encountered there. The first condemned the gross violations of human rights in Sudan, supported sanctions until substantial progress could be verified, and linked the foreign aid to the cessation of the civilian targeting and the delivery of humanitarian assistance. A second, established a trust fund to educate AIDS orphans. A third provided practical incentives to research a vaccine for AIDS, malaria and TB, and a fourth improved our own public health infrastructure, addressed the growing threat of antimicrobial resistance, and strengthened our capacity to prevent and respond to the very real threat of bioterrorism. Just as important as these immediate results, however, are the longer-term effects that medical experience can have in modernizing federal agencies, like AHRQ, and improving huge federal systems, like Medicare.

Public policy in a new era: hope is on the way

Yet just as participation demanded of physicians in the 19th century has been dramatically different from my own in the 20th, so will the participation required of you be different still. That’s because the 21st century is a vastly different environment from that of ten, or even five, years ago.

Ten years ago, the clinical surgeon’s greatest fear was government micro-management, loss of autonomy, and the slide toward socialized medicine. We worried that bureaucrats in Washington would strip away choice, burden us with paperwork, and destroy the doctor-patient relationship.

Five years ago, fears of government micro-management were exacerbated by an even greater fear of private sector micro-management—HMOs and insurance companies whose heavy-handed attempts at cost control left physicians powerless in negotiations. In fact, it’s gotten so bad that we almost prefer more government to more HMOs!

Today we are moving into an era filled with new hope but also new challenges.

Where’s the hope? Rather than an overly-prescriptive government solution, or a micro-managing private sector solution, this new era offers a third way, an approach centered on physician involvement, local decision-making, and unprecedented patient empowerment.

Why am I so optimistic that this will be so? Two reasons. First, Federal Reserve Chairman Alan Greenspan’s announcement that, after 30 years of annual deficits, the United States is not only running a surplus but that by 2011 that surplus will reach an astounding $800 billion a year. That means that the entire federal debt will be erased by the end of the decade—a development that will allow investments in other areas of value to society, such as health care.

Second, we now have a President committed to reducing federal micro-management of Medicare, Medicaid, and physician practices, and to implementing real Medicare reform.

What does that mean? It means that the 130,000 pages of regulations and regulations that govern your every move in Medicare will be replaced by less centralized decision-making. It means that HCFA will no longer be in the business of ruling on reimbursements for each and every new technique. It means that the five-year ordeal of HMOs dictating medical decisions will be at least partially addressed by a real, enforceable Patient Bill of Rights (PBOR) that moves medical decision-making away from the HMO and back toward the doctor and patient where it belongs. Rather than the AMA/trial lawyers version that would have resulted in a litigation lottery, we will see a strong appeals and review process with doctors at the table; final medical decisions made by physicians, not bureaucrats; and an appropriate right to sue coupled with real tort reform.

And this is good, because as Dr Bob Replogle recently asked, "How do we explain to the medical profession that insistence on litigation as a method to ensure quality in Managed Care Organizations is inconsistent with the view of the profession that malpractice litigation does not ensure quality in medical practice?" He is exactly right, as was Dr Ferguson when he recognized 20 years ago that "The roots of the problem are the tort system itself." Finally, those roots will be addressed. Patients will be empowered, and physicians not bureaucracies will have leverage.

This plays to our strength which, as Dr Ferguson also observed, "is our humanism." "No matter how complex the distribution of health care becomes," he said, "no matter how devious the reimbursement structure, the most satisfactory and successful care is vis-a-vis—a one-to-one relationship between a patient and a physician."

"We want it that way," he said, "but more importantly, our patients want it that way."

So, your influence as an individual, as a community, and as a professional society will be more powerful. You will influence not just outcome but direction. You will shape the policy governing coverage of new technologies, reimbursement, and the definition of medical necessity. You will be consulted. Moreover, as your influence increases, government’s will decrease.

That’s the Hope. What’s the Challenge?

Over the next five years, the new environment will be characterized by five developments:

Patient Empowerment. Increasingly, the Internet will give patients access not just to your credentials but to everything about you. Prospective patients will know your rates, your outcomes, and the satisfaction level of your existing patients. They will come to your office better educated, but they will also ask more questions and make more demands. Don’t fight it. While the immediate result will be increased competition among both your peers and alternative therapies, the longer-term result will be higher quality care—if you set the standards as to how this information is presented on the web; if you insist on fairness, accuracy, and completeness; and if you exercise quality oversight of these new ways to access information.
Information Technologies and E-Health. Advanced information technologies will present physicians and other health care providers with a tremendous opportunity to not just lower the cost of administrative and clinical transactions, but also to streamline clinical processes, create a seamless flow of current and timely information, and pursue expansive forms of patient care such as telemedicine and chronic disease management—if we embrace the technology. While other industries have invested as much as five to seven percent of total revenues in information technologies, and are now repeating huge benefits in productivity, the health care industry as a whole is allocating only two percent of its total revenues toward IT spending. Nevertheless, as we play catch-up, there will be not just huge new investments in IT but the opportunity to direct this huge influx of resources. While the effects of IT on quality are obvious, it will also save money. In 1998 alone the health care industry expended over $1.1 trillion on administrative and clinical transactions, a figure that increased 65 percent since 1990 and will likely double by 2007. Yet according to experts, an industry-wide investment in IT of just $18.1 billion would yield a gross savings of more than $120 billion over a six-year period. True, there have been a number of failures of Internet-based health care companies, but it’s important to note that none of them have been physician-centered. Until you are involved, these companies are unlikely to be successful.
Innovation and Technology. In the new era, innovation will flourish. Without a doubt, the cost of technology is a huge issue although, again, we’re in a different era. Twenty years ago, Dr Ferguson noted that "The only real opportunity we have to decrease medical costs is to curb the tidal wave of technology." As recently as seven years ago, I thought the only way to meet the challenge of rising costs would be to cap the number of lasers in hospitals or limit the different types of LVADs available. However, while we all correctly foresaw the escalating cost of new technologies, none of us could have predicted the number one challenge for resources in 2001 would be the exploding "technology" of prescription drugs. During the past 10 years alone, overall national spending on prescription drugs has tripled and will more than double over the next eight years, increasing from an estimated $112 billion to $243 billion (Fig 3). That means that the demand for prescription drugs will increase, as will teir efficacy and usefulness; drug companies will encourage demand through advertising and new discoveries; and Medicare will make prescription drugs an entitlement. That means that the only "checks and balances," will be the decisions you make with regard to patient use, and the public policy framework we fashion over the next 12 months.
Genes, Designer Drugs, and Medical Privacy. The recent success of the Human Genome Project in sequencing two billion bits of information means that the practice of medicine will change in entirely new ways. We’ll see drugs designed for specific genes, genetically-engineered organs for use in organ transplants, and new preventive care based on genetic testing. The other side of the coin, however, is the potential for real discrimination in health insurance or employment based on one’s genetic predisposition towards certain diseases. Our challenge is to reconcile the need for medical privacy with the equally critical need to gather information for clinical studies and outcome measurements.
Medical Ethics for a New Age. When we brought a full time medical ethicist on board at the Vanderbilt Transplant Center in 1986, it was a revolutionary thing. However, it is now time to take medical ethics to the next stage. For too long the debate has been between the policymaker and the ethicist, with the clinician conspicuously absent. Yet only he can bring reality to the table. While the new world of molecular biology, genetic engineering, cloning, and organ transplantation has stimulated considerable debate about ethics, newer and subtler issues, like those being introduced by modern systems, are not being vigorously discussed. For example, can the managed care-employed physician really be a patient advocate? What about the increasing number of inter-relationships between academic researchers and private industry. These are just two areas that require enhanced ethical oversight. So, what is the call to action in this new era? First, be active. Step out of the operating room and the clinical office and spend more time with your better-educated patients, so they can become an active participants in their own care. Participate in clinical trials, in studies of outcomes and alternative delivery systems. Serve on appeals boards for insurance companies because, if you don’t, bureaucrats and lawyers will decide what is "medically necessary." Participate in the dialogue between the ethicist and the policy maker. Second, be prepared—for the increased visibility and exposure information will bring; for policy formulation at the local or national level; and for the competition that will inevitably result when patient access to information produces comparisons with your peers on outcomes, quality, credentials, and fees. Third, be accountable. Police yourselves more aggressively, for if you allow inadequate surgeons to practice or make errors, they will be uncovered by an unforgiving public who will hold the entire profession accountable. Be accountable for your outcomes because credentials, such as board certification, will no longer be a sufficient measurement of quality. Take responsibility for hospital errors by promoting the systems that have been slow to develop.



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Fig 3. Prescription drug expenditures in the U.S., 1965–present. Source: National Health Expenditures.
 
Public policy and you

A little-known poet named Ted Loder once implored God: "Empower me to be a bold participant, rather than a timid saint in waiting."

What the medical profession needs now are bold participants—not surgeon-soldiers, like Eliphalet Downer or John Hazlett; not surgeon-crusaders like Lewis Linn or Jacob Gallinger; not even surgeon-senators, like Bill Frist, but men and women with a vision of the future who are willing to work to develop strategies to make that vision come true.

There has never been a worthier challenge nor a better time. With a President committed to ending federal micro-management, restoring local control, and reforming systems broken for too long, now is the time to develop a solution grounded in physicain-patient centeredness. Now is the time to join forces with our patients in the economic battle for health. Now is the time to develop a systems approach to medicine. Now is the time to harness innovation and employ information for the greater good.

Now is the time, and you are the way. Be bold participants in your own future. Then Dr Ferguson will surely be as proud of us as we are of him.




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