Competition in the Health Care Marketplace

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    RUNNING HEAD: COMPETITION

    Competition in the Health Care Marketplace

    Nia Llenas

    University of Maryland University College

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    I. Introduction

    II. Literature Review

    III.Hospital-Physician Competition

    a. Free-riding

    b. Models of affiliation

    c. The salaried Physician

    d. Physician-owned specialty hospitals

    IV.Integration

    V. Market Effects

    VI.Conclusion

    VII. References

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    Introduction

    During the 1990s, as managed care regulations tightened and risk contracting

    expectations grew, hospitals quickly aligned with physician practices to ensure greater

    bargaining power and the implementation of effective cost controls. These affiliations

    were in the form of shared ownership operations such as, Independent Practice

    Associations (IPAs) and Physician Hospital Organizations (PHOs) and Integrated Service

    Models (ISMs) (Casalino & Robinson, 2003, p. 331). In fact, by 1996, over 40% of all

    hospitals were affiliated with physician practices in one of the aforementioned models

    (Cilberto & Dranove, 2006, p. 29).

    Unfortunately for many, risk contracting failed to be widely accepted, managed care

    loosened its restrictive beginnings and by 2000, most of the aforementioned affiliations

    dissolved due to either economic stress or managerial differences (Cilberto % Dranove,

    2006). On the contrary, todays competitive market has aroused new methods of

    competing in the healthcare sector, which include vertical and horizontal integration,

    mergers and acquisitions, physician management organizations and the new role of the

    salaried physician, as well as ever present competition from physician owned specialty

    hospitals.

    The purpose of this paper is to examine the changing interaction between hospitals and

    their competition, including hospitals and physicians, as well as, its role in the dynamics

    of the market.

    Literature Review

    The affiliation between a hospital and its competitor (physicians included) has evolved

    from one of mutual respect and independent growth to that of a singular entity with

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    shared governance and financial incentive. Casalino and Robinson (2003) detail this

    changed in the eras of pre-managed care, tight managed care, and loose managed care

    (p. 332). Using the resource dependence theory and organizational economics to study

    the advantages and disadvantages of each affiliation model, Casalino and Robinson,

    apply these models to case studies of four different hospitals under various affiliation

    agreements. The knowledge of not only the outcomes, but also the reasoning behind each

    systems choice of affiliation is integral to understanding how hospital systems respond

    to competition and the economic effects resulting.

    Similarly, Mulholland (2007) examined the choices health systems are faced with

    when competing with physicians in a particular market. Since the medical staff model in

    the pre-managed care era, hospitals have increasingly progressed toward and prefer to

    employ physicians to eliminate competition, ensure admissions and circumvent anti-

    kickback and Stark law. In eliminating competition, Argue (2007), suggests that the only

    truly efficient method is to eliminate transaction costs and free-riding, a basic externality

    in the relationship between physicians and hospitals, by requiring each party to reimburse

    each other for the value of economic benefit generated. Considering the illegality of such

    payment, the most comparable step is employment or physician ownership.

    The employment model, though popular, may not be as profitable as the physician

    ownership model. Kennedy, Clay and Collier (2009) considered the financial

    implications for hospitals moving into an employment model by comparing the risks,

    benefits and costs of such a transaction. The resulting conclusion that the employment

    model may be little more than a hedged investment against future competition as well as

    a loss in opportunity costs is inconsistent at best and subject to the particular market.

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    Although in comparison to physician ownership (typically 1-5% plus group share), this

    previously mentioned view of employment is consistent with popular opinion (Argue,

    2007, p. 349)

    Another viable option for coping with competition is integration or consolidation.

    Whether horizontal or vertical, the integration of hospitals and physician practices has

    increased over the past twenty years. Huckman (2006) investigates shifts in market

    power, quality, cost and price of cardiac services at hospitals in New York State. Also, in

    light of the shifts in market power, Huckman posits that integration effectively leads to

    business stealing which invariably affects quality and cost depending on the

    competitiveness and size of the market.

    In a study published simultaneously with Huckman (2006), Cuellar and Gertler (2006)

    hypothesize that the rise of managed care which essentially causes integrations had

    become a driving factor in the recent rise in health care costs. Unlike Huckman, Cuellar

    and Gertler (2006) find that integrated organizations have higher prices especially when

    in exclusive agreements or in less competitive markets.

    A California based study by Cilberto and Dranove (2006) put forward the known

    factors of integration in an analysis of the effect of change of prices within the hospital

    but not between hospitals, and include attempts to differentiate between price effects

    attributed to form-specific and hospital specific trends. Although no evidence of higher

    prices were found, the authors admit that integration may be prefaced on intent to raise

    prices that simply failed.

    The benefits of vertical integration are undeniable. Increased bargaining power,

    improved efficiency and a reduction of competing firms in the marketplace all serve to

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    call coverage and serve on committees (Mulholland, 2007). However, no payment

    actually changes hands, which creates a positive externality called free-riding. (Argue,

    2007)

    Free-Riding

    Free riding is generally viewed as a market failure because it results in an "economically

    inefficient outcome or a non-optimal allocation of resources (Argue, 2007, p. 354).If

    transaction costs were eliminated, hence, the elimination of free riding, the referral

    system would include payment by each party to the other for the value of the patient to

    each entity.

    Since both parties free ride, payment would force them to cope with and

    internalize the cost of their own free riding.This stance would lead to net zero free riding,

    the most economically efficient method, but payments between physicians and hospitals

    have been deemed unethical and illegal.

    In the instance that net free riding is not equal to zero and favor is skewed in favor of

    the hospital, physicians can be expected to exit the relationship and move to ownership,

    much like dentistry and ophthalmology. Conversely, when the relationship is skewed in

    favor of the physician, hospitals seek to employ to capture the economic benefit of the

    physician. (Argue, 2007)

    Although free riding can be viewed as the basis for hospital affiliation or competition,

    other studies view the intrusion of managed care as the trigger for the changes in the

    relationship between the two entities. Casalino and Robinson (2003), offer four reasons

    for affiliation. Care coordination, increased leverage with health plans, increased

    admissions and increase cost savings under full or shared risk contracting permeate

    literature today as the reasons given by administrators to justify vertical integration.

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    Models ofAffiliation

    There are three models of hospital-physician affiliation that are familiar today. The

    medical staff model, the most common, did not require the levels of coordination seen

    under managed care simply because payments were made on the volume of service

    instead of the quality of service. Additional, the economic cost of inciting physician

    loyalty was relatively high in the pre-managed care era and the medical staff model

    required no capital investment or cost/revenue allocation, which in the managed care

    environment, results in a disadvantage in terms of the transaction cost economies theory

    and is counteractive to controlling the cost of care.

    Staff physicians simply do not have

    incentives to control cost. (Casalino & Robinson, 2003, p. 337)

    The second model, the hospital-owned physician practice, depends on the employment

    of physicians to ensure compliance with quality initiatives and cost-reduction strategies

    as well as secure admission volumes. The most beneficial factor is the increased leverage

    in negotiation health plan rates, because failure to reach consensus can result in the health

    plan losing both hospital and provider form a network (Casalino & Robinson, 2003, p.

    338)

    The third and final model is the IPA or PHO, which maintains the united-front of a

    hospital-owned physician practice but without the start-up costs. The allocation of

    costs/revenues are decided jointly without the presence of a central authority leading

    productivity and costs savings strategies to be fragmented (Casalino & Robinson, 2003,

    p. 339)

    Of the three models presented, staff physicians and IPA's/PHO's are still the largest

    threat to a hospitals profitability. In the context of free-riding, these physicians

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    essentially decide whether profitable patients are steered to a certain hospital and

    furthermore, the inclusion of physician loyalty to a specific facility can compromise the

    physician's position as the patient's agent (Mulholland, 2007).

    The Salaried Physician

    In the last then years, hospitals have been trending towards physician employment to

    avoid the competitive aspects of the market and ensure access to services through

    particular physicians. This is done now only by employing a single physician, but

    through the purchase of physician owned practices. Interestingly, the opposite is also

    taking place, physicians are purchasing health care facilities such as outpatient surgery

    centers, laboratories and hospitals, which effectively create secondary revenue streams,

    further confusing the concept of agency (Mulholland, 2007, p. 394). Salaried physicians

    and physician-owned hospitals are a strong trend and while in many markets are a

    panacea; do not work in others.

    While the salaried physician can be a boon to profitability through increased alignment

    with financial goals and incentives, the benefits of such employment must be classified as

    direct/indirect and tangible/intangible in relation to physician-related costs and payments,

    access, competitive positioning and alignment. (Kennedy, Clay & Collier, 2009, p. 75).

    The net cost of practice acquisition is equal to the cost of capital used to acquire the

    practice, plus operating costs, minus any costs such as income guarantees the hospital

    used to incur to attract independent physicians (Stensland & Stinson, 2002, p. 910).

    When tallied, hospital systems can expect to spend twice as much to employ a

    physician in comparison to simply aligning with a private practice. These costs are

    concentrated around acquisition, salary, benefits and malpractice premiums that are

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    typically paid by the hospital and subject to the competitiveness of the market, ex.

    another bidder may drive up the price of the practice causing the initial bidder to overbid

    in order to prevent the loss of prospective patients (Stensland & Stinson, 2002, p. 910).

    In fact, according to Kennedy, Clay and Collier (2009), the direct and tangible costs

    associated with acquiring and operating a practice and its physicians are greater than

    those associated with the traditional, private practice model and "the hospital is unlikely

    to realize a significant boost to the bottom line from direct practice income (p. 76).

    At this point, the indirect and intangible costs and benefits play a role in a hospital's

    decision to employ a physician practice or new physician.In competitive markets

    particularly, the competitive position of a hospital is jeopardize when its alliances with

    local physicians is weakened. Increasing competition from group practices, and

    especially physician-owned specialty centers, reduces hospital volume and revenues.

    In truth, rural markets are the primary beneficiary of the salaried physician model.

    Employment effectively increases hospital volume, and ensures the volume of ancillary

    services such as imaging and diagnostic, as well as increases bargaining power with

    managed care organizations (Stensland & Stinson, 2002). Alternatively, the opportunity

    cost of employing physicians should be accounted for in this age of changing technology

    and opportunity for sharper capital investments (Kennedy, Clay & Collier, 2009)

    Physician-Owned Specialty Hospitals

    The increase of physician owned specialty hospitals present a significant threat to

    community and general hospitals in competitive markets. Physicians who own specialty

    hospitals benefit the most from the free-riding theory, especially when they retain

    hospital privileges. These physicians decrease the hospital's free-riding effect by

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    changing it's current case mix, referring less profitable patients (public insurance) to the

    hospital, and keeping the profitable ones (private insurance) in their own facility

    (Mulholland, 2007) (Argue, 2007).

    Although individual physician ownership in a facility is relatively small (1%-5%

    share), specialty hospitals maintain low fixed costs compared to general or community

    hospitals and additionally, an individual investor's profit is a combination of outputs from

    the owned portion and the group profit (Argue, 2007, p. 350). These facts have led

    hospitals to respond by utilizing their right to decredential physicians, influence managed

    care contracting and engage in vertical integration with specialty physician practices or

    horizontal integration with competing hospitals with established specialty services.

    Integration

    Two types of integration prevail in the health care sector, vertical and horizontal.

    While most research clearly differentiates between the two, according to Huckman

    (2005) that can be difficult. For instance, integration may be considered horizontal

    depending on the services impacted, such as the emergency room, while other services

    such as cardiac surgery or obstetrics are affected by vertical integration, but all can be

    contained in the integration of two hospitals or a hospital and a physician practice or

    specialty hospital.

    Previous research suggests that there are several reasons for integration, which include,

    transaction cost economies and economies of scope, or market bargaining power (Cuellar

    & Gertler, 2005), and desire to increase prices or optimize volume.Therefore, hospital

    integration affects not only market conditions and transfers market power, but it also

    impacts efficiency, price and cost, by joining complements (Huckman, 2006).

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    When hospitals and physicians take advantage of the managed care payment system

    (capitation and prospective payment), if the economies of scope are taken into account,

    the financial gain multiplies. In this situation, vertical integration lowers cost of care and

    transaction costs, while improving quality through the coordination of care and use of

    shared information, making the integrated entity more attractive to managed care

    organizations (Cuellar & Gertler, 2005, p.4).

    Additionally, integration results in a complete market for resources. "Both acquirers

    and targets may hold critical resources for which markets are incomplete", and "through

    integration, the acquirer might gain access to the targets resource of a close attachment to

    local patients and physicians, specialized technology, quality reputation and potentially

    valuable contracts with managed care" (Huckman, 2006, p. 61).

    According to the Robert Wood Johnson Foundation (RWJF) (2006), hospital mergers

    and acquisitions are most likely due to the promise of increased efficiency and market

    share, not the strength of managed care. Although, it is important to determine the

    market size effect by a reasonable measure of variable that indicate maximum impact in

    the target market, specifically, the transfer of volume of business from the target market

    to the acquirers market (Huckman, 2006).

    Even though RWJF found the influence of managed care to be an unlikely

    determinant of integration, there are many benefits to integrating, such as increased prices

    due to bargaining power, especially among physician practices and hospitals who deal

    exclusively, or when an increase in market power is substantial enough after integration

    that a hospital can justify increasing prices just under antitrust level. Integration also

    reduces the number of firms competing, which could be construed as anti-competitive,

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    but often is not far-reaching enough to merit investigation (Gaynor, 2006).

    Market Effects

    There is some consensus on the effects of integration on market variables such as

    market power, price and cost. Hospitals operating under an integrated service model may

    charge as much as 18 % to 25% higher prices than independent hospitals (Cilberto &

    Dranove, 2006) (Cuellar & Gertler, 2006), and can enjoy a shift in market share that is

    statistically significant (Huckman, 2006). Unfortunately, this price increase is not

    sustained long past the acquisition stage, as prices eventually return to within an

    acceptable range of the former price.

    In the context of patient profitability, the increase in volume of procedures that

    are initiated in the hospital system does increase profitability in competitive markets.

    This increase allows hospitals to, again, subsidize unprofitable procedures and provide

    for the common good of the community, by reducing the cost per case (Huckman, 2006).

    In rural markets, patient volumes and profitability are subject to distance from the

    acquired or closed hospital (Wu, 2008) and largely affected by the increase in physician

    loyalty and the reduction in Medicare length of stay (Stensland & Stinson, 2002). Of

    note, is the fact that while consolidations and integrations reduce competition, they also

    change case mix across the provider spectrum differentiating only in quality and cost, but

    remaining inside the newly formed entity (Huckman, 2006). Though this rings of anti-

    competitive behavior, litigators have been careful to pursue without evidence of existing

    market power help by the acquirer. (Gaynor, 2006)

    Conclusion

    The overarching goal of hospital-physician and hospital-hospital integration is, at

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    the onset, to increase profitability, reduce cost and increase access to the market served.

    Whether these goals are effectively met after integration or acquisition will require

    further research in markets that can be characterized evenly according to institutional

    classification, market size and level of competitiveness. Currently, comparing research

    from an urban market such as New York State to combined data from Florida, Arizona

    and Wisconsin, cannot provide us with a positive assertion as to the effects of hospital

    integration. However, there are several lessons to be learned and expanded upon in

    future research.

    First, the physician-hospital relationship should be carefully examined for its

    long-term financial implications. Many of the studies put forth do not provide a

    definitively positive outcome of the recent trend towards physician employment other

    than a reduction in cost per case. Financial leaders must take into account the costs of

    employing a physician versus the cost of appointing the physician to a medical staff

    position. For many positions, the opportunity cost in employing physicians would be

    better served in making investments in technology or outpatient surgery centers.

    Additionally, financial leaders should demand data that proves that employed physicians

    produce care of increasing quality in this era of pay for performance.

    Second, the increase in vertical integration, while predicated on increasing access

    and reducing costs, does not appear to be a valid long-term view, especially in

    competitive urban markets. In 1996, 40% of all hospitals were integrated; whether

    through IPAs, PHOs orISMs; by 2000 many of these relationships were dissolved and

    for valid reasons (Cilberto & Dranove, 2006).Today, many of these integrations can turn

    into bidding wars, forcing the cost of acquisition to far exceed the cost of competing,

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    whereas in rural markets, acquisition positively affects competitors within the same

    metropolitan statistical area and outlying counties. Additionally, combining the cost of

    acquisition with practice management costs long-term makes the idea of vertical

    integration a bit dimmer.

    In conclusion, the move towards increasing clinical and economic integration in

    the health care sector is a double-edged sword. There is much progress being made to

    construct a clinical model that is efficient, low-cost and available to the marketplace,

    unfortunately, employing physicians and acquiring physician owned practices may only

    ensure an increase in market power, further reducing options for competition in the

    market served.

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    Bibliography

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