less than meets the eye?

On April 4, CMS announced the coverage of Over the Counter (OTC) COVID-19 tests by Medicare, and released a fact sheet along with guidance for providers on the coverage and billing requirements and guidance for beneficiaries on how to obtain cost-free tests. According to these documents, coverage for these tests began April 4 and will continue through the duration of the COVID-19 Public Health Emergency (PHE). The COVID-19 PHE was last renewed on January 14, which would extend the PHE through April 16, 2022. However, on January 21, 2021, Acting Secretary of HHS Norris Cochran sent a letter to State Governors indicating that:

… when a decision is made to terminate the declaration or let it expire, HHS will provide states with 60 days’ notice prior to termination.

To date (April 11, 2022), it does not appear that any notification of the termination of the PHE has been issued by the Secretary, but neither has the PHE been renewed. (UPDATE: The PHE was renewed on April 12, posted to the DHHS website on April 13, and again renewed on July 15. The PHE will presumably, after this most recent renewal, expire on October 16 unless again renewed.)

Despite all of this busyness a fair amount remains uncertain. Beneficiaries are right to be confused—as am I. Will the PHE expire on April 16? Or will the Department renew the PHE in the next 5 days? Or will it continue until such time as the Department notifies the states that it has made a decision to terminate the declaration? If so, then why has the Department renewed the PHE three times since the letter to the Governors was sent—on April 15, July 19, October 15, 2021, and again on January 14, 2022?

If the PHE does expire on April 16, 2022, then the “coverage” of COVID-19 tests is more sound than substance. So presumably a renewal of the PHE is forthcoming … but why the needless confusion?

Somewhere, if only in my mind, Max Weber is weeping.

On another note, the guidance given to providers indicates that Medicare will pay the lesser of $12 per test or the amount charged by the participating pharmacy or provider—$24 is the retail price for a package of 2 Binax tests at Walgreens.

 

and what to make of this?

Man that is born of a woman hath but a short time to live, and is full of misery. He cometh up, and is cut down like a flower; he fleeth as it were a shadow, and ne’er continueth in one stay
The Book of Common Prayer (1662)

Diuturnity is a dream and folly of expectation.
—Sir Thomas Browne, Urne Buriall

While of death, there is little to be said that is truly to the point, of dying there is too much.
—Raymond Tallis, The Black Mirror

This morning on NPR’s Saturday Edition Scott Simon announced—portentously, as he so often does—that: “Senior citizens, people over 65, account for 16% of the U.S. population but 75% of deaths from COVID-19, according to the CDC.”

It’s not clear what to make of this factoid. In 2019, according to the CDC, before anyone had heard of COVID, people 65 years of age or older were 16% of the U.S. population and 74% of deaths. And in 2010, old people (among whom I number myself) were 13% of the U.S. population and 73% of deaths.

But, as Scott might say, mercy! it’s even worse than this. In 2020, people 75 years of age or older were just 7% of the population but 54% of deaths. And—oh lordy—people 85 years of age or older were 2% of the population but 30% of deaths!!

This may mean that there is an epidemic of death among the elderly. Or that a leading cause of death is old age. Or that death follows, inevitably, from being born.

For a sobering comparison, compare the statistics for the Republic of South Africa, where people aged 65 or older, in 2017, were 5% of the population but 36% of deaths. People between the ages of 35 and 44 comprised 13% and 14% of the population in the U.S. and the R.S.A., respectively, but accounted for less than 3% of deaths in the U.S. and more than 12% of deaths in the R.S.A.

So perhaps the statistics which seemed to give Scott the vapors mean simply that, in the United States, “senior citizens”—however old they may be—are lucky to be not dead yet.

mandates, incentives, and personal responsibility

We have met the enemy and he is us.
—Pogo (Walt Kelly), 1972

Joe Biden is not responsible for the current surge of COVID-19Δ, and will not be responsible for the coming surge of COVID-19Ο. Nor is COVID-19 in either its delta or omicron mutation responsible. Who is? Those who won’t do the very least they can do, all on their own, to prevent transmission of COVID-19 to themselves (by vaccination) or others (by wearing a mask). The COVID-19 pandemic has revealed a longer-standing and more virulent pandemic: a pandemic of malignant individualism and selfishness masquerading as a defense of freedom.

The reactionary right waxes hysterical about mandates, has tantrums about masks, is sent into a frenzy by school policies that will protect their own children, and goes on and on (and on and on) about tyrannical assaults on their freedom. At this point we know that mandates may be counterproductive when directed at people who haven’t the faintest understanding of what freedom entails. That would be personal responsibility. Something else that the reactionary right goes on and on (and on and on and on) about when it concerns the responsibilities of other people.

So … if not mandates, then what?

How about incentives? Pro-market conservatives like incentives. They prefer them. They maintain that incentives are always superior to mandates and regulations as a tool of public policy. So, let’s think about how that would work. It would be fairly simple: if you aren’t vaccinated you have to pay for your own care when you contract COVID-19. All of your care: the testing, the emergency room care; the hospital care; the physician visits; the drugs you need; the follow-up care. And you will be put at the end of the queue for resources that are in short supply: ICU beds, ventilators, monoclonal anti-body treatment, the latest drugs. If you won’t do the very least to take care of yourself and others, then the rest of us shouldn’t have to foot the bill for your selfishness (not to mention your foolishness).

Should there be exceptions? Only if the physicians in the hospital where you are seeking care concur that vaccination was clinically contraindicated. No religious exception: you should appeal to your co-religionists to pay for your care or be a martyr to your sacred principles. No exception based on political principle: “Live Free or Die” implies “Live Free and Die”. No exception for financial hardship given the extraordinary actions that have been taken to make the vaccine freely available. And those efforts should and will and do continue.

The very least the unvaccinated can do is: get vaccinated. The next-to-least thing they can do is: wear a mask when around others. This also applies to the vaccinated—but many of us do continue to wear masks out of consideration for the health of others. It’s time for the unvaccinated to use the freedom with which they are endowed to take some personal responsibility. Which is what freedom is about.

don’t blame incentives

Psychology which explains everything
explains nothing
and we are still in doubt.

—Marianne Moore, Marriage

I was tempted to title this post “against incentives”. But really my objection isn’t to “incentives” per se. To be “against incentives” makes about as much sense as being “against breathing” or “against food” or “against gravity”. What I’m against is the mindless talk about “incentives” which is now ubiquitous. “Incentives” explain all social, economic, and political behavior — or are the only explanation that is needed. And a reference to “incentives” is all that is required to define the purpose and the goals of public policy. The problems that public policy are concealed by the all-purpose veil of “good incentives”. The causes of those problems remain unidentified and unaddressed once it is “understood” that they are the result of “bad incentives”. Human agency itself is tossed away, as, oddly enough, is the very notion of freedom. All behavior becomes nothing more than an unthinking, involuntary response to incentives. No one chooses how they behave. They just respond to incentives. Some people choose well. Many poorly. The difference between “good choosers” and “bad chooser” simply reflects their ability to compute the incentives.

the market isn’t the solution

“Government isn’t the solution to our problems. Government is the problem.”

— Ronald Reagan,
January 20, 1985,
First Inaugural Address

It is tempting to parody Ronald Reagan in light of the events of the past 12 months (and longer) and say: The market isn’t the solution to our problems. It is the problem.” Tempting, but just as illogical and fallacious as Regan’s statement was and remains. Government isn’t the problem because it isn’t the solution to our problems. Indeed, few critical thinkers would ever have claimed that government was the solution to our problems. Government policy and government action to enforce those policies can contribute to the solution of our problems. Government policy may be a necessary part of the solution to our problems, but it is not — by itself — sufficient to solve those problems.

It’s the same with markets. The market is the context, the setting, the ecosystem within which our problems emerge and within which our problems must be solved. If there is any lesson that should be taken from the failure of the Soviet experiment (1919 to 1981) it is that it isn’t possible to simply abolish the market. This is the (sole) truth that should be taken from so-called public choice theory. But the “market” does not exist as some pure, pristine Platonic Form that is corrupted by fallible and flawed human actors. The market is itself created — at least in part and, in some cases, in substantial part — by government policy. With no offence intended to proponents of deregulation, the market doesn’t just emerge from the unconstrained actions of market participants. Or rather, the market that would emerge from the unconstrained actions of market participants would resemble Thomas Hobbes’ description of the State of Nature: “a War of every man against every man” in which life is “solitary, poore, nasty, brutish, and short”.

everything new is old, again

That which was is that which will be, and that which was done is that which will be done, and there is nothing new under the sun.
There is a thing of which one would say, “See this, it is new.” It already has been in the eons that were before us.
                              —Qohelet 1:9-10

We’ll order now what they ordered then
‘Cause everything old is new again
                              —Peter Allen

“Branding” and “re-branding” is often presented as innovation. But as is true of scientific “revolutions”, innovation worthy of the label occurs infrequently and represents a fundament shift in thinking, practice, and institutions.

In the delivery, organization, and financing of medical care there have been only four moments of fundamental innovation since 1900. The first was the invention of “pre-payment” in the 1920’s. The second was the invention of Pre-paid Group Practice by Kaiser-Permanente in the 1940’s. The third was the adoption of “prospective payment systems” by Medicare in the 1990’s to replace systems of payment based on “reasonable costs” and “usual, customary, and reasonable” fees. The fourth was the replacement by Medicare of “prospective payment” with virtual capitation in the 2010’s.

This “fourth wave” of innovation has one fundamental idea that is more of a return to the notion of pre-paid group practice pioneered by Kaiser-Permanente and the Group Health Cooperative of Puget Sound than the invention of something new. That simple, core idea is all too easily obscured by the rococo proliferation of competing “brands” or “flavors” — the Shared Savings Program, the Pioneer Accountable Care Organization Model, the Next Generation Accountable Care Organization Model, and most recently the Direct Contracting Model.

Running alongside this path of fundamental innovation has been a second path of what might be called extractive or expropriative innovation. Such a label could, of course be condemned as excessively cynical. But the primary offense of the most famous of Cynics, Diogenes of Sinope, was to call things by their proper names.

super-majority

Aside

What was the purpose of the three-fifths requirement?
Where did that requirement come from?

What was the purpose of the two-thirds requirement?
Where did that requirement come from?

What was the purpose of the 2-votes-per-state provision?
Where did it come from?

What was the purpose of the electoral college?
Where did it come from?

These really are questions.

Not rhetorical questions.

Answers to follow.