Showing posts with label middlemen organizations. Show all posts
Showing posts with label middlemen organizations. Show all posts

Friday, August 14, 2009

Senate Investigates Hospital Group Purchasing Organizations

Almost four years ago, we posted about the strange world of hospital group purchasing organizations (GPOs). These organization purchase large volumes of medical products for member hospitals, but a "safe harbor provision" in federal law allows them to charge the vendors, not the hospitals for their services. In fact, it is legal for hospitals to share in fees the vendors give these organizations, and to award contracts to vendors who pay the largest fees.

Our 2005 post focused on allegations about the operations of a single GPO, Novation. We noted "several cases in which Novation's actions seemed to have denied hospitals access to the best products, or have increased, rather than ratcheted down the cost s of supplies and equipment."

Now, the US Senate is investigating a group of the largest GPOs. According to the New York Times,

Lawmakers eager to broaden health care coverage while holding down costs are examining the institutional market for medical supplies, a largely unseen $60 billion-a-year realm where things like bedpans and heart implants change hands.

Senators from committees like finance, judiciary and aging are investigating the practices of companies that represent big networks of hospitals, nursing homes and other institutions. These group purchasing organizations select 'preferred' manufacturers and negotiate the prices of medical products, which are a closely held secret. They then use a variety of carrots and sticks to make sure their hospitals buy those brands at the contracted price.

The senators are concerned that these groups’ practices may be inflating health costs at taxpayer expense. Much of the cost is borne by the government, as it reimburses hospital expenses through the Medicare program.

On Wednesday, the senators sent letters to the seven biggest group purchasing organizations, known as G.P.O.’s, demanding detailed information about their business practices, including how they are paid, what services they perform besides picking brands and negotiating prices, and how their revenues are affected when an affiliated hospital buys supplies on its own instead of using the group contract.

The senators also asked for copies of contracts, something not normally made public.

For years, there have been complaints that the buying process is opaque and unfair. The purchasing companies’ operating expenses are usually paid by the manufacturers sitting across the bargaining table, leaving them open to accusations of steering huge blocks of institutional business to the vendors willing to pay the most.

The group purchasing organizations deny this, saying they award contracts on the merits and help hospitals get good deals, saving the government money.

The savings are hard to verify, because the market’s opacity makes price comparisons nearly impossible.

Normally, Medicare’s law against kickbacks would bar vendors from paying the companies that award them contracts, but Congress granted the industry a special 'safe harbor' many years ago, in the belief that volume purchasing saved money. The senators seem to want to test that belief and perhaps change or abolish the safe harbor, something that would turn the industry on its head.

Some of the group purchasing organizations have been in the spotlight before. Premier and Novation were the subject of articles in The New York Times in 2002, which prompted Congressional hearings and the issuance of an industry code of conduct. But Senate aides said they were still hearing reports of possible abuse....
What I wrote about group purchasing organizations four years ago still seems apt.

In summary, although GPOs were ostensibly set up simply to save hospitals money when purchasing supplies and equipment, these organizations have turned into huge, complicated and opaque entities whose actions are hidden, but which seem to be conveying large amounts of money back and forth among suppliers, hospitals, and the GPOs themselves. It is not at all clear that the GPOs save the hospitals money, nor get them the best possible supplies for the money they spend.

The leaders of the hospitals, including some of the countries most prestigious teaching hospitals, that own Novation and other GPOs ought to explain what these organizations really are doing, and particularly how they are supporting the hospitals' missions.

Again, this is another example of how opaque and unaccountable hospital leadership may be. But, the less transparent and accountable are health care leaders, the more the health care mission is at risk.


Finally, I applaud the Senators for taking this up at this time. To have meaningful health care reform, we need to address issues such as the opacity and unaccountability of the leadership of health care organizations, particularly not-for-profit hospitals that are supposed to put their patient care (and academic, if applicable) missions ahead of enhancing their financial surpluses and their executives' compensation.

ADDENDUM (19 August, 2009) - See interesting comments on this post, including some important information from the trade organization for group purchasing organizations.

Friday, January 26, 2007

HRDI Settlement Disbands "Anticompetitive, Secret Society"

Last summer we posted about the Healthcare Research and Development Institute (HRDI). HRDI is a for-profit owned by a number of the top executives of some of the US best known hospital systems and academic medical centers. According to an article in the NY Times, HRDI gives a limited number of drug, device, and biotechnology companies access to these executives, for a stiff fee.

According to yesterday's NY Times, the Connecticut Attorney General, Richard Blumenthal, just obtained a settlement from HRDI that calls for the company to pay a $150,000 fine, and disband as a for-profit company. A digest of the story, edited and re-ordered, is below:



Under pressure from the Connecticut attorney general, a consulting group owned by some of the country’s most influential hospital executives agreed yesterday to stop selling marketing advice to vendors who do millions of dollars in business with nonprofit hospitals across the nation, including their own.

Known as H.R.D.I., the group is owned by about three dozen hospital executives, but it is underwritten by 40 or so of its handpicked corporate members who sell drugs, medical devices and financial services to hospitals.

H.R.D.I.’s owners are among the most influential members of the hospital industry. They have included executives of group purchasing organizations, which negotiate millions of dollars in supply contracts on behalf of nonprofit hospitals across the country.

Despite its elite membership, H.R.D.I. has maintained a low public profile. Its meetings were not open to the public or to vendors who were not members. According to H.R.D.I. rules, only two vendors in any product line could belong to the group.

Last summer, The New York Times reported on an H.R.D.I. meeting in May at the Broadmoor, a Colorado Springs resort, where 40 health care companies sought advice from hospital executives. Market leaders like Eli Lilly, Johnson & Johnson, Morgan Stanley and Citigroup attended, along with many smaller companies.

The companies paid the travel expenses for hospital officials and their spouses and sponsored golf and tennis outings, among other events.

H.R.D.I.’s rules prohibited vendors from using its meetings to sell products. In one instance, the group expelled a company for violating that rule. But over all, state investigators said, the rules were either ineffective or not enforced.

Suppliers, for example, lobbied H.R.D.I. employees for consultations with executives at hospitals where they wanted to make sales, Connecticut officials said. One vendor, after consulting with an H.R.D.I. hospital executive, went from zero sales at the executive’s hospital to $3.6 million in annual sales, investigators said.

'Various vendors identified membership in H.R.D.I. as an important, if not their most important, ‘relationship builder’ in the health care industry,' the agreement states.

According to a settlement agreement signed by H.R.D.I. and the state attorneys general in Connecticut and Florida, hospital members may no longer accept consulting fees and free trips to resorts from hospital suppliers. The agreement did not include any admission of wrongdoing by H.R.D.I. or its owners.

H.R.D.I., which was founded five decades ago as an educational group, will change from a profit-making company into a nonprofit group financed only by hospitals or their executives. Supply companies may not initially join the new group, called the Health Education Network, nor will they be permitted to have any financial links to it.

Based in Pensacola, Fla., H.RD.I. has long maintained that its sole purpose was to improve products and services in health care.

'H.R.D.I. never has and does not now buy, sell or encourage the purchase or sale of products or services,' said Diane Appleyard, the group’s president and chief executive. 'After more than 23 months of investigation, no wrongdoing was found and no charges were filed.'


As reported by the Times, and in two Connecticut newspapers, the Hartford Courant and the New Haven Register, Blumenthal had some choice words to describe HRDI and his settlement with it.


[The agreement] shatters an anticompetitive, secret society, an elite and exclusive club of premier hospital executives and select hospital supply businesses that restrained competition to the detriment of patients and providers. [Times]

These practices threatened to inflate health care costs to patients and taxpayers - stifling competition in almost every health care supply and services market. [Courant]

[HRDI was an] exclusive club, [better named] Healthcare Titans of America — an organization where the most powerful vendors and hospital CEOs enjoyed lucrative marketing opportunities, and lavish accommodations. [Register]

HRDI claimed to offer health care consulting services to industry players. In reality, it was an exclusive network that shut out potential competitors in various health care markets — everything from pharmaceuticals, syringes, medical devices and financial and consulting services. [Register]

Given Blumenthal's scathing words, it is reasonable to ask just who are the members of HRDI's "exclusive club?" The list is on the HRDI web-site:

It will be interesting, if that's the word, to see if there will be any discussion about and any repercussions for the participation of the leaders of these distinguished organizations in what one well-known state Attorney General called "an anticompetitive, secret society, an elite and exclusive club." Unfortunately, our previous observations of the anechoic effect suggest that there will be little response and no repercussions. In healthcare, leaders of revered organizations often seem to be able to hide under the cloak of their organizations' reputations, even if they have conducted themselves in ways that contradict their organizations' missions.

But this is one striking and broad demonstration about how the leadership of large health care organizations' threatens physicians' and other health care professionals' core values. This case, along with many others that have appeared on Health Care Renewal, suggest we need a major overhaul of the governance of US (and other countries') health care organizations if we really want to improve access, costs, and quality.

WHAT CAN BE DONE? - If you live in a community served by one of the health care systems above, or if you have any relationship with one of the systems, push to make the story of HRDI public, and then push for more transparent, accountable, and ethical governance of that health care system.