Biosimilar Drugs Are Cheaper Than Biologics. Are They Similar Enough to Switch?

It took years for Elle Moxley to get a diagnosis that explained her crippling gastrointestinal pain, digestion problems, fatigue, and hot, red rashes. And after learning in 2016 that she had Crohn’s disease, a chronic inflammation of the digestive tract, she spent more than four years trying medications before getting her disease under control with a biologic drug called Remicade.

So Moxley, 33, was dismayed to receive a notice from her insurer in January that Remicade would no longer be covered as a preferred drug on her plan. Another drug, Inflectra, which the Food and Drug Administration says has no meaningful clinical differences from Remicade, is now preferred. It is a “biosimilar” drug.

“I felt very powerless,” said Moxley, who recently started a job as a public relations coordinator for Kansas City Public Schools in Missouri. “I have this decision being made for me and my doctor that’s not in my best interest, and it might knock me out of remission.”

After Moxley’s first Inflectra infusion in July, she developed a painful rash. It went away after a few days, but she said she continues to feel extremely fatigued and experiences gastrointestinal pain, constipation, diarrhea and nausea.

Many medical professionals look to biosimilar drugs as a way to increase competition and give consumers cheaper options, much as generic drugs do, and they point to the more robust use of these products in Europe to cut costs.

Yet the U.S. has been slower to adopt biosimilar drugs since the first such medicine was approved in 2015. That’s partly because of concerns raised by patients like Moxley and their doctors, but also because brand-name biologics have kept biosimilars from entering the market. The companies behind the brand-name drugs have used legal actions to extend the life of their patents and incentives that make offering the brand biologic more attractive than offering a biosimilar on a formulary, listing which drugs are covered on an insurance plan.

“It distorts the market and makes it so that patients can’t get access,” said Dr. Jinoos Yazdany, a professor of medicine and chief of the rheumatology division at Zuckerberg San Francisco General Hospital.

The FDA has approved 31 biosimilar medications since 2015, but only about 60% have made it to market, according to an analysis by NORC, a research organization at the University of Chicago.

Remicade’s manufacturer, Johnson & Johnson, and Pfizer, which makes the Remicade biosimilar Inflectra, have been embroiled in a long-running lawsuit over Pfizer’s claims that Johnson & Johnson tried to choke off competition through exclusionary contracts with insurers and other anti-competitive actions. In July, the companies settled the case on undisclosed terms.

In a statement, Pfizer said it would continue to sell Inflectra in the U.S. but noted ongoing challenges: “Pfizer has begun to see progress in the overall biosimilars marketplace in the U.S. However, changes in policy at a government level and acceptance of biosimilars among key stakeholders are critical to deliver more meaningful uptake so patients and the healthcare system at-large can benefit from the cost savings these medicines may deliver.”

Johnson & Johnson said it is committed to making Remicade available to patients who choose it, which “compels us to compete responsibly on both price and value.”

Biologic medicines, which are generally grown from living organisms such as animal cells or bacteria, are more complex and expensive to manufacture than drugs made from chemicals. In recent years, biologic drugs have become a mainstay of treatment for autoimmune conditions like Crohn’s disease and rheumatoid arthritis, as well as certain cancers and diabetes, among other conditions.

Other drugmakers can’t exactly reproduce these biologic drugs by following chemical recipes as they do for generic versions of conventional drugs.

Instead, biosimilar versions of biologic drugs are generally made from the same types of materials as the original biologics and must be “highly similar” to them to be approved by the FDA. They must have no clinically meaningful differences from the biologic drug, and be just as safe, pure and potent. More than a decade after Congress created an approval pathway for biosimilars, they are widely accepted as safe and effective alternatives to brand biologics.

Medical experts hope that as biosimilars become more widely used they will increasingly provide a brake on drug spending.

From 2015 to 2019, drug spending overall grew 6.1%, while spending on biologics grew more than twice as much — 14.6% — according to a report by IQVIA, a health care analytics company. In 2019, biologics accounted for 43% of drug spending in the U.S.

Biosimilars provide a roughly 30% discount over brand biologics in the U.S. but have the potential to reduce spending by more than $100 billion in the next five years, the IQVIA analysis found.

In a survey of 602 physicians who prescribe biologic medications, more than three-quarters said they believed biosimilars are just as safe and effective as their biologic counterparts, according to NORC.

But they were less comfortable with switching patients from a brand biologic to a biosimilar. While about half said they were very likely to prescribe a biosimilar to a patient just starting biologic therapy, only 31% said they were very likely to prescribe a biosimilar to a patient already doing well on a brand biologic.

It can be challenging to find a treatment regimen that works for patients with complicated chronic conditions, and physicians and patients often don’t want to rock the boat once that is achieved.

In Moxley’s case, for example, before her condition stabilized on Remicade, she tried a conventional pill called Lialda, the biologic drug Humira and a lower dose of Remicade.

Some doctors and patients raise concerns that switching between these drugs might cause patients to develop antibodies that cause the drugs to lose effectiveness. They want to see more research about the effects of such switches.

“We haven’t seen enough studies about patients going from the biologic to the biosimilar and bouncing back and forth,” said Dr. Marcus Snow, chair of the American College of Rheumatology’s Committee on Rheumatologic Care. “We don’t want our patients to be guinea pigs.”

Manufacturers of biologic and biosimilar drugs have participated in advertising, exhibit or sponsorship opportunities with the American College of Rheumatology, according to ACR spokesperson Jocelyn Givens.

But studies show a one-time switch from Remicade to a biosimilar like Inflectra does not cause side effects or the development of antibodies, said Dr. Ross Maltz, a pediatric gastroenterologist at Nationwide Children’s Hospital in Columbus, Ohio, and former member of the Crohn’s & Colitis Foundation’s National Scientific Advisory Committee. Studies may be conducted by researchers with extensive ties to the industry and funded by drugmakers.

Situations like Moxley’s are unusual, said Kristine Grow, senior vice president of communications at AHIP, an insurer trade group.

“For patients who have been taking a brand-name biologic for some time, health insurance providers do not typically encourage them to switch to a biosimilar because of a formulary change, and most plans exclude these patients from any changes in cost sharing due to formulary changes,” she said.

Drugmakers can seek approval from the FDA of their biosimilar as interchangeable with a biologic drug, allowing pharmacists, subject to state law, to switch a physician’s prescription from the brand drug, as they often do with generic drugs.

However, the FDA has approved only one biosimilar (Semglee, a form of insulin) as interchangeable with a biologic (Lantus).

Like Moxley, many other patients using biologics get copay assistance from drug companies, but the money often isn’t enough to cover the full cost. In her old job as a radio reporter, Moxley said, she hit the $7,000 maximum annual out-of-pocket spending limit for her plan by May.

In her new job, Moxley has an individual plan with a $4,000 maximum out-of-pocket limit, which she expects to blow past once again within months.

But she received good news recently: Her new plan will cover Remicade.

“I’m still concerned that I will have developed antibodies since my last dose,” she said. “But it feels like a step in the direction of good health again.”

KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. Together with Policy Analysis and Polling, KHN is one of the three major operating programs at KFF (Kaiser Family Foundation). KFF is an endowed nonprofit organization providing information on health issues to the nation.

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At an Overrun ICU, ‘the Problem Is We Are Running Out of Hallways’

BILLINGS, Mont. — Nurses fill the hospital room to turn a patient from his stomach to his back. The ventilator forcing air into him is most effective when he’s on his stomach, so he is in that position most hours of the day, sedated and paralyzed by drugs.

Lying on his stomach all those hours has produced sores on his face, and one nurse dabs at the wounds. The dark lesions are insignificant given his current state, but she continues just the same, gently, soothingly, appearing to whisper to him as she works.

The man has been a patient at Billings Clinic for nearly a month, most of that time in the hospital’s intensive care unit. He is among other patients, room after room of them, with the same grim tubes inserted down their throats. They have covid-19 — the vast majority unvaccinated against the virus, the hospital says. Visitors generally aren’t permitted in these rooms, but the man’s mother comes most days to gaze through a glass window for the allowed 15 minutes.

This all happened Friday. He was dead, at age 24, by Sunday morning.

The hospital’s morgue cart arrived at the ICU — as it frequently has these days — then the room was sterilized, another patient took the man’s place, and the cycle began again. In the past week, 14 people have died of covid here, the state’s largest hospital.

“I do feel a little hopeless,” said Christy Baxter, the hospital’s director of critical care.

The situation has played out in hospitals around the nation since 2020. But now Montana is a national hot spot for covid infections, recording the highest percentage increase in new cases over the past seven days. The state announced 1,209 new cases on Friday, and Yellowstone County, home to Billings Clinic, is seeing the worst of it. Last week, the county had 2,329 active cases, more than the next two counties combined.

What’s different from the early scenes of the pandemic is the public’s response. Not so long ago, the cheers of community support could be heard from the hospital parking lot. Now, tensions are so strained that Billings Clinic is printing signs for its hallways, asking that the staff members not be mistreated.

The ICU here has space for 28 patients but last Friday was operating at 160% capacity, Baxter said. To handle the overflow, nurses elsewhere provide care beyond their training as covid patients fill other parts of the hospital. In the lobby of the emergency department, rooms roughly 6 feet by 6 feet have been fashioned with makeshift plastic walls. Ten members of the Montana Army National Guard arrived last week to help however they can. Hospital staffers volunteer to sit with dying patients. Beds line hallways.

“The problem is,” said Brad Von Bergen, the hospital’s ER manager, “we are running out of hallways.”

The hospital announced it may soon implement “crisis standards of care,” which basically means it will ration its equipment, staff and medicine, giving preference to those it can most likely save, regardless of vaccination status. It’s an ugly system, abhorred by those who will wield it, with tiebreakers in place to decide who potentially lives and dies. Other hospitals in Montana have taken similar steps.

An overcrowded hospital also means that a person ― say, one injured in a car crash in rural eastern Montana and needing advanced hospitalization ― won’t be able to get that care at Billings Clinic.

“We are at the point where we are not confident going forward that we can continue to meet all patients’ needs,” said Dr. Nathan Allen, the medical ethicist for Billings Clinic and its department chair for emergency medicine. “And that’s heartbreaking.”

“Nobody wants to be in a position where we may have to ration health care and potentially remove a ventilator from one patient who would likely die and give it to another,” said Dr. Scott Ellner, the hospital’s CEO. “Are we there? I would say we are very close.”

To some extent, that rationing is already happening. A patient still hospitalized here with covid might have benefited from a machine, known as an ECMO machine, needed to keep his heart and lungs functioning. Operating that machine, though, requires at least one nurse, 24 hours a day, usually for two to three weeks. Typically, it would be a last-ditch effort for the most critical of patients. Even with that care, the prognosis for the middle-aged man would be poor. Without it, Baxter said, he will assuredly die.

“The reality is I can’t staff that,” Baxter said. “Do you give that optimal care to one patient or do you give great care to five?”

Billings Clinic would hire more than 100 additional nurses if it could. The staffing shortage is not unique to this hospital; it’s nationwide, meaning the needed help isn’t arriving anytime soon. Baxter tells the story of a young nurse who quit, saying he had grown tired of lying to patients he knew would die.

“The patients look at you with that fear in their eyes and say, ‘Am I going to make it?’” Baxter said. “You want to encourage them to not give up hope, but you also know the chances of survival are going to be slim.”

Recently, a patient’s dying wish was to have their preschool-age child come and sit with them, to see them one last time. That typically wouldn’t be allowed, but an exception was made, with staffers at the hospital draping the child in oversized protective clothing, goggles and an N95 mask. Afterward, the nurse and doctor sobbed with the patient.

“The moral distress of working in health care is for many, many people extremely high right now,” said Allen.

Intensifying that, he said, are patients or their loved ones mistreating doctors and nurses. Threats have on occasion required a police response. Screaming, profanity-laden insults are a daily occurrence. One patient threw his own feces at a doctor. Some, even in the face of an intubation tube, question the need to be vaccinated or the effectiveness of the medicine being prescribed.

Dr. Sara Nyquist, an emergency medicine physician, said she has been asked by a patient if she is a Republican or a Democrat.

“I said, ‘I am your doctor,’” she recalled. “You do wonder how we got here.”

Ellner, the clinic’s CEO, said he doesn’t understand what happened to civility. “There is a part of the society that wants to pretend that the covid surge isn’t really happening,” he said. “But this is our reality every single day.”

Jennifer Tafelmeyer, a nurse in the hospital’s cardiovascular unit, said the best part of her job before the pandemic was helping patients improve, walking them down hallways, talking about diet and exercise, and eventually escorting them to the front door. That hasn’t happened in a long time.

“We just don’t get the wins,” she said.

As she told the story, she stopped to wipe a tear. Moments before, she had learned that one of the patients on this floor was not expected to survive the night.

Allen predicted Billings Clinic hasn’t yet seen the worst of the recent surge in infections.

“We are still seeing growing numbers in community cases,” he said. “And we know hospitalizations lag behind new diagnoses. Unfortunately, it can absolutely get worse than where it is at.”

In the meantime, he said, he expects the doctors and nurses here will rally as they have, taking comfort from words of thanks from many patients and gestures like a father bringing pizza to the emergency department as a show of appreciation for the care given his child.

“The most difficult things have been the big things,” Allen said, “and the most inspiring things have been the little things.”

KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. Together with Policy Analysis and Polling, KHN is one of the three major operating programs at KFF (Kaiser Family Foundation). KFF is an endowed nonprofit organization providing information on health issues to the nation.

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Congress Cites KHN Investigation in Probe of National Academies

The House Committee on Oversight and Reform is requesting a ream of documents from the prestigious National Academies of Sciences, Engineering and Medicine, spurred by a recent KHN investigation that revealed deep ties between pharmaceutical companies and two members of a committee that took a pharma-friendly stance in a recent report on drug waste.

The House probe, led by Democratic Reps. Raja Krishnamoorthi and Katie Porter, focuses on conflicts of interest held by members of a committee currently reviewing a life-or-death matter: U.S. organ donation and distribution policy. A panel member recently resigned after accepting a consulting job that apparently created a conflict of interest. House members are asking NASEM to provide conflict-of-interest disclosure forms for all members of the committee.

Members of Congress want to ensure that reports from the national academies, chartered in 1863 to provide Congress with expert scientific advice, are widely accepted as independent and free from special-interest or financial influence.

Starting Sept. 7, NASEM is requiring committee members to disclose relevant financial relationships for the past five years, going beyond its recent policy of asking for details about current conflicts, spokesperson Dana Korsen said.

The institution has said conflict-of-interest policies are meant to protect it from “a situation where others could reasonably question, and perhaps discount or dismiss, the work of the committee simply because of the existence of such conflicting interests.”

This summer, the national academies declined to provide KHN with conflict-of-interest forms completed by committee members studying the packaging of liquid drugs, which often go to waste ― along with millions of taxpayer dollars paid to pharmaceutical firms for them. The final report declared conflicts for two members, but not for two others who had extensive and recent financial ties to drug companies. At that time, the organization said those committee members had no “current” conflicts while they drafted the report, mostly in 2020.

A review of public records showed that one member reported for medical journals in 2021 and 2020 that he had consulted for a dozen pharmaceutical firms. Another member had been paid about $1.4 million as a pharmaceutical company board member in 2019, according to a Securities and Exchange Commission filing. Both told KHN they had fully reported their financial relationships to the national academies.

In addition, NASEM itself had disclosed in obscure treasurer reports that pharmaceutical companies ― many with a direct interest in drug-waste policy ― had given the nonprofit organization at least $10 million in donations since 2015.

The final NASEM drug-waste report issued in February concluded that drug companies should not refund taxpayers for the cost of wasted medications packaged in “Costco-sized” vials that contain more drugs than can be used. What’s more, Medicare should not track the cost of the wasted drugs, the report concluded.

On Friday, The Washington Post reported on the resignation of a former organ transplant doctor from a NASEM committee reviewing organ transplant policies. Dr. Yolanda Becker resigned from the organ donation committee after the Post asked her and NASEM questions about a possible conflict of interest.

Becker’s resignation comes amid continued scrutiny of the U.S. organ transplant system, which is overseen by the United Network for Organ Sharing, or UNOS, a nonprofit federal contractor. 

Critics, including members of Congress, have questioned the performance of many of the nation’s 57 organ procurement organizations, or OPOs, which hold federal charters that guarantee their monopolies to collect and distribute organs in specific geographic areas of the United States.

“The organ transplant industry has long been a haven for fraud, waste, and abuse,” Rep. Porter said in a statement to KHN. “I’m grateful NASEM is also working to hold OPOs accountable, but I’m concerned that potential conflicts of interest could cloud their judgement.”

Jennifer Erickson, a senior fellow and director of the organs initiative at the nonpartisan Federation of American Scientists, raised questions about conflicts of interest with NASEM during a July 15 session.

“Disclosure is critical. The public deserves to know about conflicts of interest and undisclosed payments,” she said. “A good start would be for all members of this committee to publicly disclose their business relationships related to organ contractors, [organ] tissue businesses and trade associations so that the public can be aware.”

The Trump administration approved new rules in 2020 in an effort to boost the numbers of organs transplanted by OPOs by more than 7,000 a year. Nearly 107,000 people in the United States are awaiting organs, and dozens die each day for lack of a transplant. About 39,000 organs were transplanted from donors in the U.S. last year.

In May, a House subcommittee chaired by Krishnamoorthi held a hearing on problems in the organ transplant system, including issues revealed by reporting from KHN and Reveal that found that donated organs ― mostly kidneys ― are repeatedly lost or damaged when shipped via commercial flights. From 2014 to 2019, nearly 170 organs failed to be transplanted and almost 370 endured “near misses” with delays of two hours or more, jeopardizing their usefulness for ailing patients.

Reps. Krishnamoorthi and Porter have asked NASEM to provide them with an explanation of whether it plans to disclose any committee conflicts in the forthcoming organ report. They also requested any record of donations to NASEM from organ procurement organizations or related businesses or associations.

KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. Together with Policy Analysis and Polling, KHN is one of the three major operating programs at KFF (Kaiser Family Foundation). KFF is an endowed nonprofit organization providing information on health issues to the nation.

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Covid-Overwhelmed Hospitals Postpone Cancer Care and Other Treatment

It’s a bad time to get sick in Oregon. That’s the message from some doctors, as hospitals fill up with covid-19 patients and other medical conditions go untreated.

Charlie Callagan looked perfectly healthy sitting outside recently on his deck in the smoky summer air in the small Rogue Valley town of Merlin, in southern Oregon. But Callagan, 72, has a condition called multiple myeloma, a blood cancer of the bone marrow.

“It affects the immune system; it affects the bones,” he said. “I had a PET scan that described my bones as looking ‘kind of Swiss cheese-like.’”

Callagan is a retired National Park Service ranger. Fifty years ago, he served in Vietnam. This spring, doctors identified his cancer as one of those linked to exposure to Agent Orange, the defoliant used during the war.

In recent years, Callagan has consulted maps showing hot spots where Agent Orange was sprayed in Vietnam.

“It turns out the airbase I was in was surrounded,” he said. “They sprayed all over.”

A few weeks ago, Callagan was driving the nearly four-hour trek to Oregon Health & Science University in Portland for a bone marrow transplant, a major procedure that would have required him to stay in the hospital for a week and remain in the Portland area for tests for an additional two weeks. On the way, he got a call from his doctor.

“They’re like, ‘We were told this morning that we have to cancel the surgeries we had planned,’” he said.

Callagan’s surgery was canceled because the hospital was full. That’s the story at many hospitals in Oregon and in other states where they’ve been flooded with covid patients.

OHSU spokesperson Erik Robinson said the hospital, which is the state’s only public academic medical center and serves patients from across the region, has had to postpone numerous surgeries and procedures in the wake of the delta surge of the pandemic. “Surgical postponements initially impacted patients who needed an overnight hospital stay, but more recently has impacted all outpatient surgeries and procedures,” Robinson wrote.

Callagan said his bone marrow transplant has not yet been rescheduled. 

Such delays can have consequences, according to Dr. Mujahid Rizvi, who leads the oncology clinic handling Callagan’s care.

“With cancer treatment, sometimes there’s a window of opportunity where you can go in and potentially cure the patient,” Rizvi said. “If you wait too long, the cancer can spread. And that can affect prognosis and can make a potentially curable disease incurable.”

Such high stakes for delaying treatment at hospitals right now extends beyond cancer care.

“I’ve seen patients get ready to have their open-heart surgery that day. I’ve seen patients have brain tumor with visual changes, or someone with lung cancer, and their procedures are canceled that day and they have to come back another day,” said Dr. Kent Dauterman, a cardiologist and co-director of the regional cardiac center in Medford, Oregon. “You always hope they come back.”

In early September, Dauterman said, the local hospital had 28 patients who were waiting for open-heart surgery, 24 who needed pacemakers, and 22 who were awaiting lung surgeries. During normal times, he said, there is no wait.

“I don’t want to be dramatic — it’s just there’s plenty of other things killing Oregonians before this,” Dauterman said.

Right now, the vast majority of patients in Oregon hospitals with covid are unvaccinated, about five times as many as those who got the vaccine, according to the Oregon Health Authority. Covid infections are starting to decline from the peak of the delta wave. But even in non-pandemic times, there’s not a lot of extra room in Oregon’s health care system.

“If you look at the number of hospital beds per capita, Oregon has 1.7 hospital beds per thousand population. That’s the lowest in the country,” said Becky Hultberg, CEO of the Oregon Association of Hospitals and Health Systems.

A new study focused on curtailing nonemergency procedures looked back at how Veterans Health Administration hospitals did during the first pandemic wave. It found that the VA health system was able to reduce elective treatments by 91%.

It showed that stopping elective procedures was an effective tool to free up beds in intensive care units to care for covid patients. But the study didn’t look at the consequences for those patients who had to wait.

“We clearly, even in hindsight, made the right decision of curtailing elective surgery,” said Dr. Brajesh Lal, a professor of surgery at the University of Maryland School of Medicine and the study’s lead author. “But we as a society have not really emphatically asked the question ‘At what price in the long term?’”

He said they won’t know that without more long-term research.

At his home in southern Oregon, Charlie Callagan said he doesn’t consider his bone-marrow transplant as urgent as what some people are facing right now.

“There’s so many other people who are being affected,” he said. “People are dying waiting for a hospital bed. That just angers me. It’s hard to stay quiet now.”

He said it’s hard to be sympathetic for the covid patients filling up hospitals, when a simple vaccine could have prevented most of those hospitalizations.

This story is from a reporting partnership that includes Jefferson Public Radio, NPR and Kaiser Health News. 

KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. Together with Policy Analysis and Polling, KHN is one of the three major operating programs at KFF (Kaiser Family Foundation). KFF is an endowed nonprofit organization providing information on health issues to the nation.

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KHN’s ‘What the Health?’: Much Ado About Drug Prices

Can’t see the audio player? Click here to listen on SoundCloud. You can also listen on SpotifyApple PodcastsStitcherPocket Casts or wherever you listen to podcasts.

Congressional Democrats are finding it harder to actually write legislation to lower drug prices than it is to make promises about it. But the drug price provisions of the $3.5 trillion social-spending bill are critical — not only to keep that promise to voters but to produce savings that will pay for many of the other promised improvements, like new dental and other benefits for Medicare patients.

Meanwhile, the abortion debate has been jolted by the Supreme Court’s decision to allow a highly restrictive law to take effect in Texas. And the Biden administration unveils a “Covid Control 2.0” strategy that includes more sticks and fewer carrots.

This week’s panelists are Julie Rovner of KHN, Alice Miranda Ollstein of Politico, Rachel Cohrs of Stat and Shefali Luthra of The 19th.

Among the takeaways from this week’s episode:

  • The budget reconciliation process has claimed considerable congressional attention this week. Different committees have been writing and voting on their parts of this detailed and complex budget and savings measure. There have been marathon markup sessions and a degree of drama.
  • What could become a major sticking point is the reconciliation bill’s prescription drug provisions, which by reining in drug costs provide a lion’s share of the savings set to pay for Medicare, Medicaid and ACA expansions. The drug proposal would tie the prices Medicare pays for drugs to those of other nations — something the drug industry strongly opposes.
  • Democratic leaders continue to project confidence that drug price restraints will make it into the final bill. Bringing down drug costs was a big campaign issue for Democrats. Also, the funding it would provide pays the tab for a number of progressive priorities. However, the margins in the House are very slim and committee action has already spotlighted caucus members who voted against it.
  • It also appears that leaders are leaning toward scaling back some investments — doing a little for everyone rather than going big on certain initiatives. For instance, Medicare’s expansion of dental and vision coverage is not as robust as many progressives wanted. Home health investments have also been scaled back and a new cancer research institute will receive significantly less funding. However, the reconciliation measure currently does appear to make funding for Medicaid expansion and ACA subsidies permanent.
  • In the wake of the recent Supreme Court decision, abortion is effectively unavailable in Texas. Though the new Texas law the court allowed to take effect does not make getting abortion a crime, it allows private citizens to bring lawsuits against a person who may have aided or abetted a woman in getting an abortion. It’s already had an intense chilling effect. Health professionals who previously performed abortions are stopping, even though the law technically allows abortions during the first six weeks of pregnancy.
  • The Supreme Court’s take on this measure will likely open the door to other such state laws. The reach could also go beyond abortion to other issues, such as voting rights. Politically, the Supreme Court’s decision to allow the Texas law to go forward plays into the angst and debate surrounding the court itself. Chief Justice Roberts, for instance, who worries about the court’s credibility, voted with the minority to block the law.
  • Meanwhile, President Joe Biden, who has been criticized for not talking about the issue, has become more vocal and forward about his position. And Congress is planning a vote to write the protections of Roe v. Wade into federal law. However, such a bill likely would not gain Senate approval, since it would need 60 votes to overcome a filibuster by abortion opponents.
  • Medicare trustees finally released their delayed annual report, which found the program’s Hospital Insurance Trust Fund will likely remain solvent until 2026 — the same estimate floated last year. Meanwhile, the Census Bureau released its annual statistics on health insurance, which also stuck mostly to the status quo — although many people who lost private health coverage in 2020 apparently picked up public coverage instead.

Also this week, Rovner interviews KHN senior correspondent Phil Galewitz, who reported the latest KHN-NPR “Bill of the Month” feature about two similar jaw surgeries with two very different price tags. If you have an outrageous medical bill you’d like to send us, you can do that here.

Plus, for extra credit, the panelists recommend their favorite health policy stories of the week they think you should read too:

Julie Rovner: The New York Times’ “A Medical Career, at a Cost: Infertility,” by Jacqueline Mroz

Alice Miranda Ollstein: The New York Times’ “Phony Diagnoses Hide High Rates of Drugging at Nursing Homes,” by Katie Thomas, Robert Gebeloff and Jessica Silver-Greenberg

Rachel Cohrs: KHN’s “Over Half of States Have Rolled Back Public Health Powers in Pandemic,” by Lauren Weber and Anna Maria Barry-Jester

Shefali Luthra: The 19th’s “’No One Wants to Get Sued’: Some Abortion Providers Have Stopped Working in Texas,” by Jennifer Gerson

To hear all our podcasts, click here.

And subscribe to KHN’s What the Health? on Spotify, Apple Podcasts, Stitcher, Pocket Casts or wherever you listen to podcasts.

KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. Together with Policy Analysis and Polling, KHN is one of the three major operating programs at KFF (Kaiser Family Foundation). KFF is an endowed nonprofit organization providing information on health issues to the nation.

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Under Pressure, Montana Hospital Considers Adding Psych Beds Amid a Shortage

Gary Popiel had to drive more than 200 miles round trip to visit his adult daughters in separate behavioral health facilities as they received psychiatric and medical treatment.  

It was 2000, and the family’s only options for inpatient psychiatric beds were in Helena and Missoula — far from their Bozeman, Montana, home and from each other. Fast-forward 21 years, and Montana’s fourth-largest city still lacks a hospital behavioral health unit.

“This would be just as traumatic now as it was then. We still would have to leave Bozeman,” Popiel said. “Why should families have to witness their loved one being hauled off or take them themselves to another facility — or outside the state — to receive help?”

For years, health care workers and people such as Popiel who’ve had to travel for family members’ mental health hospitalizations have been pushing the city’s major hospital system, the nonprofit Bozeman Health, to add a behavioral health unit at its Deaconess Hospital. On Sept. 30, the system’s board plans to consider whether to add one as part of an expansion of its mental health services.

Hospital leaders have said initial talks have been broad so far, without specifics on the number of potential beds and whether they’re designed for adults or kids.

But even if Bozeman Health adds inpatient psychiatric beds, the gaps in emergency mental health care could continue. Across Montana, such units routinely hit capacity and some struggle to find enough workers to staff them.

Montana’s quandary reflects a national shortage of inpatient psychiatric beds that can leave people with serious mental illnesses far from the services they need when a crisis hits. Ideally, patients would have treatment options to prevent such a crisis. But more than 124 million Americans live in mental health “professional shortage areas,” according to federal data, and the country needs at least 6,500 more practitioners to fill the gaps.

The national nonprofit Treatment Advocacy Center, which aims to make care for severe mental illness more accessible, recommends a minimum of 50 inpatient psychiatric beds per 100,000 people. It is still debated, though, who should provide those beds and where they’re prioritized on a long list of stretched-thin mental health services.

Given the patient capacity of Montana State Hospital and private hospital behavioral health units, Montana comes close to that recommendation. But those beds are concentrated in pockets of the state, so access isn’t uniform.

For example, Bozeman Health sits in a city of 50,000 in a county of 120,000 and also serves two neighboring counties. The city has 10 crisis beds at the Western Montana Mental Health Center’s facility there — the only beds for roughly 100 miles in any direction. The crisis center cares for roughly 400 people a year, providing nurses and psychiatrists who can offer safety plans and medication management, but it can’t treat children or offer full medical services as a hospital could. The center also faced criticism for closing its two involuntary beds for six months last year because of a worker shortage amid the pandemic.

Bozeman Health’s leadership estimated that on average 13 people who live in its primary three-county service area of Gallatin, Park and Madison counties are admitted to behavioral health units elsewhere each month.

Some patients leave handcuffed in the back of a law enforcement vehicle. Last year, the Gallatin County Sheriff’s Office transported 101 people experiencing a mental health crisis — 85 of whom were taken to crisis centers hours away or the state hospital. That’s up from 2019 when authorities took 36 out of 45 people in crisis outside the county.

“Every other major city in Montana besides us has managed to get inpatient care” at their hospitals, said Dr. Colette Kirchhoff, a physician in Bozeman.

One man went to Bozeman Health to have a cancerous tumor removed in early August, and the next day he had panic attacks that turned into suicidal thoughts. He was driven two hours in the back of an ambulance to the Billings Clinic. His wife, who asked KHN not to publish their names since her husband wasn’t in a condition to give his consent, said she wished they’d had a closer option.

“I was there when he got strapped into a gurney and taken away,” she said. “I had to book a hotel and get money from the bank and pack clothes.”

Bozeman Health leaders have said the hospital hadn’t actively considered a behavioral health unit until now because it had prioritized outpatient mental health services. In recent years, it added mental health treatment into primary care, including hiring licensed clinical social workers. It started telepsychiatry to help local providers with patient assessments. It also plans to provide short-term crisis stabilization and medication management.

“The gold standard is let’s make the need for high-acuity inpatient care go away completely,” said Jason Smith, Bozeman Health’s chief advancement officer. “Getting there may be impossible. At the very least, it’s going to be difficult.”

Elizabeth Sinclair Hancq, director of research for the Treatment Advocacy Center, is skeptical that would be possible. “Efforts to intervene as early as possible are an important step forward, but that doesn’t mean that inpatient beds will become obsolete,” she said.

Smith said creating inpatient psychiatric services isn’t as simple as adding beds. A construction project would be years away. Adding a unit also would mean ensuring discharged patients have access to additional services and recruiting mental health workers to Bozeman amid the national shortage.

“Whether we’re going to be able to recruit the behavioral health professionals that are necessary to lead it and provide that care on a day-to-day basis is a major question mark,” Smith said.

Dr. Scott Ellner, CEO of the Billings Clinic, said the number of patients who travel to his hospital for care is evidence the state needs more beds. Last year, the hospital treated 161 psychiatric patients from Bozeman Health’s service area. Ellner said Billings Clinic loses money on its psych unit, but the service is part of the hospital’s job.

“There’s so few resources across the state,” Ellner said. “We strongly recommend that there be inpatient beds in Gallatin County.”

Where the services do exist, they’re often stretched.

Benefis Health System in Great Falls has 20 inpatient psychiatric beds. In an email, spokesperson Kaci Husted said those beds hit capacity a few times a week. When that happens, the hospital puts patients in overflow beds until a spot opens.

And in Helena last year, St. Peter’s Health turned away 102 patients because its behavioral health unit was out of space or because a patient needed more care than the hospital could manage. Gianluca Piscarelli, the unit’s director, said the system’s eight adult beds are often full. The hospital also has 14 geriatric psychiatric beds — the only inpatient program in the state designed for seniors who may have dementia and a serious mental illness — but Piscarelli said the unit may deny someone a spot if it already has too many high-needs patients to manage.

Shodair Children’s Hospital in Helena has 74 beds for kids in a crisis but, because of a shortage of mental health workers, the facility could admit only 40 patients as of mid-August, said CEO Craig Aasved. In May, a 15-year-old patient died by suicide there, with a state report blaming understaffing as a contributing factor.

The hospital is working on an expansion with a new building design that would make it easier to group patients by diagnosis, but staffing will still be a strain. He said that while more beds are always needed, some kids come from towns where they don’t even have access to a therapist.

Having every hospital add psychiatric beds isn’t a perfect solution, Aasved said. “The end result is we’ll just have a lot of beds and no staff.”

NEED HELP?

If you or someone you know is in a crisis, please call the National Suicide Prevention Lifeline at 1-800-273-TALK (8255) or contact the Crisis Text Line by texting HOME to 741741.

KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. Together with Policy Analysis and Polling, KHN is one of the three major operating programs at KFF (Kaiser Family Foundation). KFF is an endowed nonprofit organization providing information on health issues to the nation.

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Journalists Explain Ramifications of Theranos Trial and Texas’ New Abortion Law

KHN Editor-in-Chief Elisabeth Rosenthal discussed health tech and the start of the fraud trial of Elizabeth Holmes, who founded the biological screening company Theranos, on WGN’s “The John Williams Show” on Wednesday.

KHN senior correspondent Julie Appleby discussed abortion law in Texas, covid-19 and vaccination rates on NPR’s weekly news roundup “1A” on Sept. 3.

KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. Together with Policy Analysis and Polling, KHN is one of the three major operating programs at KFF (Kaiser Family Foundation). KFF is an endowed nonprofit organization providing information on health issues to the nation.

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Florida Spine Surgeon and Device Company Owner Charged in Kickback Scheme

A Florida orthopedic surgeon and designer of costly spinal surgery implants was arrested Tuesday and charged with paying millions of dollars in kickbacks and bribes to surgeons who agreed to use his company’s devices.

Dr. Kingsley R. Chin, 57, of Fort Lauderdale, Florida, is the founder, chief executive officer and owner of SpineFrontier, a device company based in Malden, Massachusetts. He and the company’s chief financial officer, Aditya Humad, 36, of Cambridge, Massachusetts, were each indicted on one count of conspiring to violate federal anti-kickback laws, six counts of violating the kickback statute and one count of conspiracy to commit money laundering, officials said.

The indictment alleges that SpineFrontier, Chin and Humad paid surgeons between $250 and $1,000 per hour in sham consulting fees for work they did not perform. In exchange, the surgeons agreed to use SpineFrontier’s products in operations paid for by federal health care programs such as Medicare and Medicaid. Surgeons accepted between $32,625 and $978,000 in improper payments, according to the indictment.

“Kickback arrangements pollute federal health care programs and take advantage of patient needs for financial gains,” said Nathaniel Mendell, acting U.S. attorney for the District of Massachusetts.

“Medical device manufacturers must play by the rules, and we will keep pursuing those who fail to do so, regardless of how their corruption is disguised.”

Chin and SpineFrontier were the subjects of a KHN investigation published in June that found that manufacturers of hardware for spinal implants, artificial knees and hip joints had paid more than $3.1 billion to orthopedic and neurosurgeons from August 2013 through 2019. These surgeons collected more than half a billion dollars in industry consulting fees, federal payment records show.

Chin, a self-styled “doctorpreneur,” formed SpineFrontier about a decade after completing his training at Harvard Medical School.

Chin has patented dozens of pieces of spine surgery hardware, such as doughnut-shaped plastic cages, titanium screws and other products that generated some $100 million in sales for SpineFrontier, according to government officials. In 2018, SpineFrontier valued Chin’s ownership of the company at $75 million, though its current worth is unclear. He maintains a medical practice in Hollywood, Florida. Neither Chin nor Humad could be reached for comment Tuesday.

Seth Orkand, a Boston attorney who represents Humad, said his client “denies all charges, and looks forward to his day in court.”

The Department of Justice filed a civil lawsuit against Chin and SpineFrontier in March 2020, accusing the company of illegally funneling more than $8 million to nearly three dozen spine surgeons through the “sham” consulting fees. Chin and SpineFrontier have yet to file a response to that suit.

However, at least six surgeons have admitted wrongdoing in the civil case and paid a total of $3.3 million in penalties. Another, Dr. Jason Montone, 45, of Lawson, Missouri, pleaded guilty to criminal kickback charges and is set to be sentenced early next year. Federal law prohibits doctors from accepting anything of value from a device-maker for agreeing to use its products, though most offenders don’t face criminal prosecution.

The grand jury indictment lists seven surgeons as having received bribes totaling $2,747,463 to serve as “sham consultants.” One doctor, identified only as “surgeon 7,” received $978,831, according to the indictment. Many of the illicit payments were made through a Fort Lauderdale company controlled by Chin and Humad, according to the indictment.

The SpineFrontier executives set up the separate company partly to evade requirements for device companies to report payments to surgeons to the government, according to the indictment. Some surgeons were told they could bill for more consulting hours if they used more expensive SpineFrontier products, officials said.

Conspiring to violate the kickback laws can bring a sentence of up to five years in prison, while violating the kickback laws can result in a sentence of up to 10 years, officials said.

“Kickbacks paid to surgeons as sham medical consultants, as alleged in this case, cheat patients and taxpayers alike,” said Phillip Coyne, special agent in charge of the U.S. Department of Health and Human Services Office of Inspector General.

“Working with our law enforcement partners, we will continue to investigate kickback schemes that threaten the integrity of our federal health care system, no matter how those schemes are disguised.”

KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. Together with Policy Analysis and Polling, KHN is one of the three major operating programs at KFF (Kaiser Family Foundation). KFF is an endowed nonprofit organization providing information on health issues to the nation.

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This story can be republished for free (details).



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