Accountability Without Health Care Data Banks
To the Editor:
Norman Daniels and James Sabin offer an important reminder that managed
health care needs to become publicly accountable for its influence
upon clinical care ("The Ethics of Accountability in Managed
Care Reform,"
Health Affairs, September/October 1998). However, policymakers should
be wary of achieving such accountability at the expense of patient/clinician
confidentiality, patients’ choice of physician, and quality of care.
For example, the proponents of health care data banks for monitoring
accountability are asking clinicians and patients to pay a high price;
their proposed mechanism is likely to be ineffective and may even
damage the quality of care by eroding the privacy necessary for stable
physician/patient alliances. [1] Also, the Clinton
administration and others have proposed patients’ bills of rights
to improve choice of providers and quality of care. The significant
record-keeping requirements of these bills may actually produce an
opposite effect: decreased patient choice.
Proponents of these measures argue that these outcomes are necessary
tradeoffs for greater accountability on the part of clinicians. However,
not only patient choice but authentic clinical and organizational
accountability are the likely casualties of overemphasis on record-keeping
provisions.
Onerous documentation requirements increase the likelihood of health
care monopolies and the risk that such monopolies will be accountable
only for maintaining profits, not for implementing solid health policy
goals. Moreover, bad data are worse than no data. Outcomes measures
are still in their infancy and are at best partial and experimental.
Current measures are misleading and can be manipulated by corporate
statistical "spin doctors."
The most likely outcome of the proposed documentation mandates is that
"hard," albeit invalid, quantitative data will drive out soft,
qualitative, but more relevant clinical data. Moreover, invalid hard
data are likely to be used for "economic credentialing,"
to exclude from provider panels those clinicians who put high-quality
patient care ahead of managed care’s cost-driven guidelines.
There also is reason to expect that the proposed record-keeping requirements
will further reduce the degree of confidentiality that patients can
expect from their physicians. The requirement for a national health
data system that records diagnostic codes, requires a national health
identification number, and makes information accessible to law enforcement
under the Health Insurance Portability and Accountability Act of
1996 is only the clearest case. [2] In today’s managed
care environment, time pressures, clinicians’ potential economic
conflicts of interest, and mandated data-gathering requirements that
invade patients’ privacy further erode patients’ trust in physicians.
When documentation, rather than the goals of clinical care, becomes
a priority, it distracts and obstructs the healing potential of an
effective doctor/patient relationship. Relying on the managed care
industry to implement health care outcomes measures is more likely
to prevent rather than to foster genuine clinical accountability.
Sick and already anxious patients should not have to wonder why their
doctor is asking them questions and who is likely to be privy to
their answers.
There are a variety of ways to create genuine accountability without
sacrificing patient choice or confidentiality. These include the
evaluation of single case studies, controlled clinical trials, and
systematic peer consultation. Continuing medical education is a vital
but often neglected tool for measuring quality and health care accountability.
So is allowing patients to secure a second opinion through a consultation.
Such consultations are less likely than are outcomes measures and
guidelines to be subject to the covert influence of managed care
organizations. While well constructed studies with randomization
and patient consent can contribute to the outcomes debate, especially
research not funded by the health care industry also needs to be
expanded.
Clinical accountability can best be ensured by renewed adherence to primary
standards of clinical care such as good doctoring and securing informed
consent, not in a pro forma manner, but as part of the process of
high quality treatment. Too many patients now experience de facto
captivity because they lack a choice of health plans or providers.
[3] The proposed data-collection mandates do not
allow patients to opt out of having their health care data collected
at all. Yet such mandated data collection and documentation subject
patient care to nonconsensual and, at best, experimental influence
and manipulation, because the usefulness of databases is unproven.
For the government to impose what amounts to an experimental health
care practice by assuming that care should be organized so that its
outcomes are "measurable" is contrary to the goals of accountability,
ethical concerns, and high-quality care.
Harold J. Bursztajn
Harvard Medical School
Cambridge, Massachusetts
Richard Sobel
Harvard Law And Medical Schools
Cambridge, Massachusetts
NOTES
-
H. Bursztajn et al., Medical
Choices, Medical Chances: How Patients, Families, and Physicians
Can Cope with Uncertainty (New York: Routledge, Chapman, and
Hall, 1990).
-
R. Pear, "Plan
Would Broaden Access of Police to Medical Records," New
York Times, 10 September 1997, 1.
-
H. Bursztajn, "Medical Necessity, Managed
Health Care, Denial of Benefits, and the Nuremberg Code" (Presentation
to the symposium,
"Medical Ethics:Who Gets the Care?," Princeton University,
29 May 1997).