Yardsticks and carrots Amsterdam, April 2007 For Ministry of Finance Yardsticks and carrots Assessment of transitory regulation of hospital care Joost Poort Aenneli Houkes Inge Groot Roetersstraat 29 - 1018 WB Amsterdam - T (+31) 20 525 1630 - F (+31) 020 525 1686 - www.seo.nl - [email protected] ABN-AMRO 41.17.44.356 - Postbank 4641100 . KvK Amsterdam 41197444 - BTW 800943223 B02 SEO Economic Research carries out independent applied economic research on behalf of the government and the private sector. The research of SEO contributes importantly to the decision-making processes of its clients. SEO Economic Research is connected with the Universiteit van Amsterdam, which provides the organization with invaluable insight into the newest scientific methods. Operating on a not-for-profit basis, SEO continually invests in the intellectual capital of its staff by encouraging active career planning, publication of scientific work, and participation in scientific networks and in international conferences. SEO-report nr. 987 ISBN 978 90 6733 396 2 Copyright © 2007 SEO Economic Research, Amsterdam. All rights reserved. Permission is hereby granted for third parties to use the information from this report in articles and other publications, with the provision that the source is clearly and fully reported. Table of contents 1 Introduction..................................................................................................1 2 Policy options for regulation ....................................................................... 3 2.1 Policy options.....................................................................................................................3 2.1.1 Liberalisation without additional regulation..................................................................3 2.1.2 One-off extension with regulation..................................................................................3 2.1.3 Gradual extension of full liberalisation & partial regulation ......................................5 2.2 Conclusions ........................................................................................................................7 3 Scenarios for the health care market ........................................................... 9 3.1 Introduction........................................................................................................................9 3.2 Assumptions.......................................................................................................................9 3.3 Scenarios ...........................................................................................................................10 4 Assessment of regulation under scenarios ................................................. 13 4.1 Limitations to healthy competition...............................................................................13 4.2 Experiences with liberalisation......................................................................................15 4.3 Stakeholders’ positions ...................................................................................................16 4.4 Prices..................................................................................................................................17 4.4.1 Incentives for insurers ....................................................................................................17 4.4.2 Incentives for hospitals...................................................................................................20 4.4.3 Price dynamics and total costs.......................................................................................24 4.4.4 Administrative burdens ..................................................................................................28 4.4.5 Prices in market scenarios ..............................................................................................31 4.5 Volumes ............................................................................................................................32 4.6 Quality ...............................................................................................................................34 4.7 Costs ..................................................................................................................................37 4.8 Innovation and entry.......................................................................................................38 4.9 Organisation .....................................................................................................................39 5 Conclusions and policy implications.......................................................... 41 Literature ....................................................................................................................43 YARDSTICKS AND CARROTS 1 1 Introduction The Dutch system for financing hospital care is in transition. Until 2005, a budget system was used. Over the last few years, this system has been changed into a system of diagnosis-treatmentcombinations (DBCs). These are elementary units of hospital care composed of a diagnosis and a treatment, designed to make care more comparable between hospitals, and to give hospitals an incentive to work cost-effectively. In this system, the actual costs, in terms of the number of visits, hospital days, treatments and stitches is no longer relevant for financing. Hence, waiting lists that result from restrictive annual budgets can be resolved, while efficiency is encouraged. Hospitals and health insurers are supposed to negotiate prices per DBC (or, for instance, a fixed price for a given DBC-volume per year). At present only about 10% of total hospital care has been fully liberalised, corresponding with total annual revenues of about € 1.1 billion. This is known as the B-compartment (‘B-segment’). In 2005 it consisted of 1376 DBCs, in 14 medical specialisations; in 2006, 11 DBCs were added, while in 2007, the B-compartment will not be expanded (Ineveld, Dohmen and Redekop 2006). For the remaining 90%, a hybrid system exists: suppliers of hospital care receive a budget which is administratively based on DBC-volumes, but in which DBC-prices are set to match the old budgeting parameters. These 90% consist of two subcategories, the so-called A0- and A1-compartment. The Ministry of Health envisages a next step in the process of liberalisation by January 1st 2008. Over the last months, several policy options for the architecture of this next step have been considered. These options include a gradual or instant liberalisation without additional regulation and liberalisation in combination with some kind of yardstick competition. In the working programme for the new coalition of CDA, PvdA, and CU, a new option was introduced, which combines regulated and unregulated liberalisation (CDA, PvdA and CU 7 February 2007). This report analyses the incentives and expected effects of the various policy options. Under five different scenarios for the mid-term developments in the health care market, effects on prices, costs, quality, and innovations are compared. Also, the expected effects on the macro budget for hospital care, and the possibilities for future further deregulation are considered. For this study, a number of interviews with stakeholders have been held. These interviews are used to signal ideas, trends and views of the field. We would like to thank the interviewees for sharing their experience: drs. J.P.A. van Haarlem RA (directeur verzekeringszaken ONVZ), prof. dr. A.P.W.P. van Montfort (voorzitter raad van bestuur Achmea), drs. W. J. H. M. de Bie (voorzitter raad van bestuur Sint Maartenskliniek), drs. J.C.A. Sol (financieel directeur Oogziekenhuis Rotterdam) en mr. W.J.G. Blaauw (voorzitter raad van bestuur zorggroep Noorderbreedte). This report is structured as follows: Chapter 2 gives a detailed description of the policy scenarios that are studied. These aim to be congruent with the options under consideration in the political debate. However, it will be made clear there is still room for fine-tuning some of the parameters. Chapter 3 describes five scenarios for the developments in the market for hospital care. Chapter SEO ECONOMIC RESEARCH 2 CHAPTER 1 4 analyses the expected relative effects and incentives of the various policy options under these scenarios. Chapter 5 concludes. SEO ECONOMIC RESEARCH YARDSTICKS AND CARROTS 2 3 Policy options for regulation This chapter describes the policy options that are analysed in this report. As will be pointed out, these options are modelled after the options currently considered in the political debate, or advocated by stakeholders. The dust in this debate has by no means settled, however. The option that the coalition agreement proposes, for instance, still requires further elaboration, and most options leave various dials for fine-tuning. Although these dials will be discussed in this chapter, they will be ignored in most of this report for the sake of clarity. Moreover, policy options may differ with respect to the moment they could become effective and even within policy options there are timing issues to be addressed. For giving a clear comparison between the options, however, this report implicitly assumes that all options can be fully introduced at the same moment. 2.1 Policy options In this report, three main policy options and several sub-options are considered: 1 Liberalisation without additional regulation a. Gradual extension of the B-compartment in yearly steps b. One-off extension of the B-compartment 2 One-off extension of the B-compartment with regulation a. Yardstick competition based on prices b. Yardstick competition based on costs c. Regulation based on the budget system (Budgettair Kader Zorg, BKZ) 3 Gradual extension of full liberalisation & partial regulation (option in coalition agreement). 2.1.1 Liberalisation without additional regulation Under options 1a and 1b, no price controls will be introduced for DBCs or institutions. If there is excess demand for certain DBCs or in case some hospitals have regional market power, this may cause prices to increase. Under 1a, the free compartment is extended step by step, so that hospitals and health insurers can gradually get used to liberalised prices. If prices were to increase dramatically, further extension could be put to a halt. 2.1.2 One-off extension with regulation Options 2a-c aim to limit the extent of possible price increases with a form of price regulation. All options that are considered regulate average DBC-prices per hospital per year, instead of individual DBC-prices1. As such, they all depart from the most light-handed option as suggested by the Dutch Healthcare Authority in April 2006.2 This yearly average price is calculated using 1 2 Henceforth, the term ‘hospitals’ will be used for all suppliers for hospital care (both actual hospitals and so-called ZBCs, independent treatment centers). CTG/ZAio (2006). De Zichtbare Hand: Uitvoeringstoets Ziekenhuisbekostiging, CTG/ZAio, p.14. SEO ECONOMIC RESEARCH 4 CHAPTER 2 predetermined ‘norm prices’3 or ‘weights’4 for each DBC. Although formulation in terms of weights or norm prices are equivalent mathematically, this report will prefer to express the regulation schemes in terms of norm prices, to allow for a more direct comparison with actual prices and costs of DBCs at the hospital level. These norm prices or weights do not directly restrict DBC-prices: hospitals are free to negotiate higher or lower DBC-prices, as long as an overall boundary condition following from these norm prices or weights is met. This boundary condition for hospitals is expressed in terms of a maximum average price per DBC. This maximum average DBC-price will generally differ between hospitals, depending on their expected ‘case-mix’ – a weighted average of different DBCs – and will be communicated to hospitals before price negotiations with health insurers take place. The three policy options discussed here differ in the way the ‘norm prices’ or ‘weights’ and hence this boundary condition is determined. If the total turnover of a hospital is larger than the maximum allowed by regulation, the surplus will be reclaimed and put into the ‘Zorgverzekeringsfonds’ (Tweede Kamer 2005-2006).5 Out of this fund, both equalisation payments are made for high risk insurants and premiums for insurants under 18 years are paid. Note that this implies that reclaimed funds will accrue to all health insurers equally.6 Box 2.1 expresses the regulation system in mathematical symbols. Policy options 2a-c are identical in the way the maximum turnover for a hospital is calculated, and only differ in the way the norm prices (PmaxjY in Box 2.1) are determined. Price yardstick (Option 2a) In option 2a, which will henceforth be called the ‘price yardstick’, norm prices will be based on the overall development of negotiated prices. Basically, the norm price for a DBC will be equal to the mean of the negotiated prices for that DBC in the previous year.7 This type of regulation, which determines regulated prices for a supplier on the performance of a group of peers, is known as yardstick competition (‘maatstafconcurrentie’ in Dutch). This type of regulation was originally developed by Andrei Shleifer (Shleifer 1985).8 The principal idea behind yardstick competition is that a supplier is forced to compete with a benchmark based on his peers (the yardstick), as direct competition is impossible or insufficient. Individual suppliers have a strong incentive to outperform this benchmark, because this is the way for them to make a profit. 3 4 5 6 7 8 Terminology used in Tweede Kamer (2005-2006). "Invoering Diagnose Behandeling Combinaties (DBCs)." 29 248 (30). Terminology used in Agrell, P. J., P. Bogetoft, R. Halbersma and M. C. Mikkers (2007). Yardstick competition for multi-product hospitals: An analysis of the proposed Dutch yardstick mechanism. Utrecht, NZa. In this calculation, the actual instead of the expected case-mix and DBC-volumes will be used. Provided that there are no significant differences between health insurers in the ratio children/adults and in the ratio of high risks/low risks. Section 4.4 of this report will also discuss an alternative allocation of reclaimed surpluses. In fact, norm prices could also be based on any other metric of negotiated prices, e.g. the mean plus or minus one standard deviation, the 1st of 3rd quartile, the minimum price, etc. For most of the present discussion, yardsticks are assumed to be based on the mean of the negotiated prices. For an assessment of yardstick regulation, see for instance CPB Netherlands Bureau for Economic Policy Analysis (2000). Yardstick competition: Theory, design, and practice. The Hague, CPB. SEO ECONOMIC RESEARCH POLICY OPTIONS FOR REGULATION 5 By doing so, they reveal private information about their production costs and simultaneously lower the regulated price for their competitors. In order to give optimal incentives to an individual supplier, his own behaviour should not influence his benchmark. Therefore, in the optimal situation, regulated prices for a supplier are based on the negotiated prices of all other suppliers except himself. In practice, this difference becomes less important as the number of suppliers increases.9 Cost yardstick (Option 2b) Policy option 2b is similar to 2a, the price yardstick, but bases the yardstick for suppliers on costs instead of prices. Total costs per hospital follow from auditing procedures, and include both operational costs (including physicians’ fees), and capital costs (including depreciation of fixed assets and a standardised return on equity and debt).10 Henceforth, this option will be called the ‘cost yardstick’. These total costs per hospital, however, will not enable the regulator to determine weights or norm costs per DBC. For this purpose, additional information is required. Norm prices or weights per DBC can for instance be determined by using cost estimates derived in the budget system, or by using average negotiated prices as relative weights. These can then be calibrated using data actual total costs and DBC-volumes of all hospitals, after which an average DBC-price per hospital can be calculated.11 Note that the standardised rate of return mentioned above only serves to calibrate the weights or norm prices. In theory, there is no upper limit to an individual hospital’s rate of return, provided it is very efficient. BKZ-yardstick (Option 2c) Policy option 2c is based on the price yardstick, but can impose an additional condition on its outcomes, to make sure total costs match a budget constraint derived from the Budgettair Kader Zorg (BKZ).12 Whether or not a correction on regulated prices is made, depends on the total outlays relative to the BKZ. If total outlays are larger or smaller than those based on the BKZ, norm prices can be lowered or raised accordingly.13 2.1.3 Gradual extension of full liberalisation & partial regulation In the working programme for the CDA-PvdA-CU-government, a new option was introduced, which is a combination of some of the above (CDA, PvdA et al. 7 February 2007): 9 10 11 12 13 In (Agrell & Bogetoft et al., 2007; p. 21) the Dutch Healthcare Authority proposes averaging over all other hospitals, but in later communications, a less complicated average over all hospitals is considered. Agrell, P. J., P. Bogetoft, R. Halbersma and M. C. Mikkers (2007). Yardstick competition for multiproduct hospitals: An analysis of the proposed Dutch yardstick mechanism. Utrecht, NZa, p. 20. Just like under price yardstick regulation, individual benchmarks are optimal for the fact that cost cuts will not influence a supplier’s own benchmark. Most likely, this constraint would be equivalent to the budget for hospital care under the BKZ, minus the outlays in the A-compartment. Hence, developments in the costs cure will not affect the yardstick. Yet another flavor of yardstick competition that is currently considered, proposes to base the maximum average DBC-price per hospital on fixed prices which are determined by the Dutch Healthcare Authority (NZa) based on cost simulations (using historical cost data). Given the possible effect of liberalisation on volumes and hence on total costs, this regulation scheme is a modification of the price-yardstick rather than the BKZ-yardstick. SEO ECONOMIC RESEARCH 6 CHAPTER 2 • By 2008, an additional 10% of hospital care will be liberalised without additional regulation (as in option 1a). • Beyond that, extension of the B-compartment can only take place after careful evaluation of the previous steps in the liberalisation process. In this evaluation, special attention will be paid to the effects of liberalisation on the accessibility and quality of hospital care. • Yardstick competition will be introduced for the remaining DBCs in the A-compartment. The agreement is not explicit on the issue which type of yardstick competition will be chosen, but states that: “De DBC-prijzen in het planbare deel van de ziekenhuiszorg, zullen betrekking hebben op alle kosten die in het ziekenhuis gemaakt worden, inclusief de kapitaalkosten”. Accordingly, this report will assume the coalition agreement option to be based on the cost yardstick. Box 2.1 Mathematical formulation of regulation systems Let qijkY denote the volume of DBC i supplied by hospital care supplier j and insured by health insurer k in year Y. Let pijkY(qijkY) denote the price negotiated for DBC i between supplier j and health insurer k in year Y, for a given volume q. Note that this expression leaves room for different pricing agreements, e.g. non-linear pricing and capitation. Then the contractual turnover of supplier j in year Y, TjY, will be: TjY = ∑i ∑k pijkY(qijkY)× qijkY (2.1) Let PijY denote the regulated norm price for DBC i and supplier j in year Y, and let Q*ijY be the expected volume of DBC i supplied by j in year Y, then the maximum average price for supplier j is defined as: PmaxjY = ∑i (PijY × Q*ijY)/ ∑i Q*ijY (2.2) After year Y, the maximum turnover allowed for supplier j can be calculated as follows: TmaxjY = ∑i (PijY × ∑k qijkY) (2.3) Note that this expression is independent of both the negotiated prices pijkY(qijkY), and the maximum average price PmaxjY. The surplus that will be reclaimed can be defined as SjY = max(TjY − TmaxjY ; 0) (2.4) Price yardstick Using the mean price as the yardstick, the norm price PiJY for DBC i, supplier J in year Y can be calculated as follows: PiJY = (∑j ≠J ∑k pijkY−2 (qijk Y−2) × qijk Y−2 )/ ∑j ≠J ∑k qijk Y−2 SEO ECONOMIC RESEARCH (2.5) POLICY OPTIONS FOR REGULATION 7 This is the weighted average price negotiated between all other suppliers and health care insurers.14 A two year time lag is required for norm prices to be known in advance of price negotiations. Cost yardstick Cost yardstick competition bases weights or norm prices on actual aggregate hospital costs, including normalised costs of capital. In principle, equations (2.1)-(2.4) continue to apply, but an additional step will be needed to calibrate the norm prices PijY using cost data, such that total revenues of all hospitals cannot exceed total costs of all hospitals. In fact, a cost yardstick can be implemented without the regulator knowing the individual price functions pijkY(qijkY) (Agrell, Bogetoft et al. 2007), p. 20).15 Just like under price yardstick competition, the optimal yardstick for supplier j should be independent of j’s costs in order to give j maximum incentives to reveal private information and to increase efficiency. Although Agrell et al. describe the cost yardstick in mathematical terms, no explicit recipe is given for calculating norm prices or weights. It is stated that: ‘The weights are set by the regulator and intended to reflect relative scarcity or cost of different DBCs’. In practice, this should resemble the relative market prices fairly closely. Weights can be adjusted periodically, based on new products, negotiated prices and waiting lists (Agrell, Bogetoft et al. 2007), p. 8 & 45. BKZ-yardstick In addition to either of the two yardsticks above, the budget according to the BKZ can be used as an additional boundary condition. Assuming a combination of price yardstick competition and the BKZ, this condition can be introduced by modifying (2.5) as follows: PiJY = α (∑j ≠J ∑k pijkY−2 (qijk Y−2) × qijk Y−2 )/ ∑j ≠J ∑k qijk Y−2 (2.6) Here α is a matching parameter, implicitly defined by: ∑j TmaxjY = ∑j ∑i (PijY × ∑k qijkY) ≡ BKZY (2.7) Note that these equations leave the relative structure of norm prices unaltered, and only inflates or deflates all prices by α. This will be an important observation when assessing the regulation options under different market scenarios. 2.2 Conclusions This chapter described the policy options that are currently considered to accompany a further liberalisation of hospital care. Two options without regulation (gradual deregulation versus a big bang scenario), three flavours of yardstick competition, and the combined option as envisioned in the coalition agreement, were discussed. The regulatory options were coined ‘price yardstick’, ‘cost yardstick’ and ‘BKZ-yardstick’. In Box 2.1, it turned out that although the general idea behind the cost yardstick and the corresponding weights or norm prices is rather clear, no precise recipe is given to calculate these. The BKZ-yardstick as defined in (2.6)-(2.7) is quite similar to 14 15 Note that to calculate this expression, no explicit knowledge of the contracted price functions pijkY(qijkY) is required, as long as the total turnover per hospital per DBC (∑k pijkY−2 (qijk Y−2) × qijk Y−2) is known. Depending on how weights are set, even information about total turnover per hospital per DBC may not be required. SEO ECONOMIC RESEARCH 8 CHAPTER 2 the price yardstick, except for a scaling parameter α that endogenously determined based on prices, volumes and the available budget. SEO ECONOMIC RESEARCH YARDSTICKS AND CARROTS 3 9 Scenarios for the health care market 3.1 Introduction This study analyses the policy options described in chapter two, in the context of five scenarios for the Dutch health care market. The first four scenarios vary in two key aspects: 1) Whether or not consumers take into account differences in quality in choosing a health care supplier; 2) Whether or not specialisation of suppliers is widespread. In addition to these scenarios, there is a fifth scenario in which it is included that health care suppliers offer care in different qualities. Figure 3.1 illustrates the five scenarios. Figure 3.1 The key aspects whereupon the scenarios vary Scenario 1 Scenario 2 Scenario 4 Scenario 3 Quality information accessible Specialisation Scenario 5 Care institutions offer differences in quality Before describing these five scenarios, the next section describes hypotheses used. 3.2 Assumptions In building the scenarios, the following assumptions are made: • As long as consumers have no access to (or knowledge of) quality information they trust, they choose their care institution on other criteria than quality, mainly travelling distance and/or advice of their GP. SEO ECONOMIC RESEARCH 10 • • • • • • • CHAPTER 3 If sufficiently trustworthy quality information is provided, consumer preferences change and consumers include quality as an important criterion whereupon they choose. Insurants mistrust insurance companies. Only if insurants have access to independent and reliable information about quality, insurance companies can direct them to (some) preferred suppliers. If and only if insurance companies can direct insurants, insurance companies will contract selectively. Possibilities for providers and consumers to supply and buy different levels of quality are limited. By law, producers have to provide a “sufficient” level of quality. Doctors have to be qualified for example. Consumers are required by law to insure themselves for a “basic package” of care. In this “basic package”, all care the government defines as necessary is included. Within these boundaries providers are allowed to vary the quality of healthcare. As long as legal restrictions hamper entrance of new market suppliers and forbid making profit, healthcare institutions will not specialise. Outside urban areas, there is little competition between healthcare institutions. Market power of regional bottlenecks lessens: 1) in case consumers travel further (for more quality or for a lower price, given a certain sufficient quality) or 2) in case legal restrictions are lessened. Consumers switch between insurance companies. 3.3 Scenarios Scenario 1: Status quo In 2003, a system of public performance indicators for Dutch hospitals was developed. This quality information system is based on four kinds of quality: clinical effectiveness, efficiency, safety and patient centeredness of care (Berg, M. et al 2005). No overall ranking is made. Consumers themselves are supposed to judge which indicators they think are important. Presently (January 2007) this system provides scores of all individual hospitals on 18 indicators. These scores are accessible on the Internet. However, since the website is not well-known, consumers hardly take this information into account. Hence, insurance companies cannot direct them to preferred care institutions. Since insurance companies cannot direct insurants, insurance companies don’t contract selectively. Since legal restrictions hamper entrance of new market suppliers and forbid making profit, care institutions barely specialise. The share of ZBCs and categorical hospitals in the total turnover of the hospital care is small. Since care institutions are barely specialised and insurance companies do hardly contract selectively, competition is rare outside urban areas. Scenario 2: Consumer Choice In this scenario reliable quality information is developed. Insurants know where to find the information, trust it and use it to ensure that the insurance company does not send them to an inferior hospital without them knowing it. Since insurants take into account quality information, insurance companies direct them to preferred care institutions. Since insurance companies direct insurants, insurance companies contract selectively. In this scenario patients are highly sensitive to quality and demand the highest quality available, since their insurance companies will pay for the price differences. SEO ECONOMIC RESEARCH SCENARIOS FOR THE HEALTH CARE MARKET 11 Legal restrictions still hamper entrance of new market suppliers and forbid making profit, care suppliers barely specialise (a few ZBCs). Since insurance companies do contract selectively, a certain amount of competition exists, also outside urban areas. Since care institutions don’t specialise, however, the level of competition is not optimal. Scenario 3: Removing legal barriers In this scenario legal restrictions which hamper new market suppliers and forbid making profit are removed. Therefore, care suppliers will specialise. ZBCs are widespread. Reliable quality information is still lacking. Therefore consumers hardly take the existing quality information into account. Hence, insurance companies cannot direct them to preferred care institutions. Since insurance companies cannot direct insurants, insurance companies don’t contract selectively. Since care suppliers specialise, a certain amount of competition exists, also outside urban areas. Since insurance companies do not contract selectively, however, the level of competition is not optimal. Scenario 4: Dynamic competition Scenario 4 combines the positive effects on competition of scenario 2 and 3. In this scenario legal restrictions which hamper new market suppliers and forbid making profit are removed. Therefore, care suppliers specialise. ZBCs are widespread. In this scenario reliable quality information is developed. Insurants know where to find the information, trust it and use it to ensure that the insurance company does not send them to an inferior hospital without them knowing. Since insurants take into account quality information, insurance companies direct them to preferred care suppliers. Since insurance companies direct insurants, insurance companies contract selectively. In this scenario patients are highly sensitive to quality and demand the highest quality available, since their insurance companies will pay for the price differences. Since care suppliers specialise and insurance companies contract selectively, competition begins to become optimal, also outside urban areas. Scenario 5 Differentiation in quality preferences Scenario 5 is scenario 4, extended with care suppliers which differ their products in quality. In markets for many consumer goods, e.g. radios, there is a market for all kinds of quality. Some people want to listen to noiseless music, others prefer to pay a lot less and listen with less advanced techniques. Some people buy a radio on a flee market with high risks of breaking down just the other day. People calculate the risks and are prepared to take the risk, if the radio is cheap enough. On the market for radios no one is forced to buy a radio and every quality is supplied. In healthcare, the situation is somewhat different. For moral reasons, Dutch society prevents consumers form obtaining low-quality care, and legal measures have been taken to protect SEO ECONOMIC RESEARCH 12 CHAPTER 3 consumers against incompetent practitioners. A minimum quality level is guaranteed by education qualifications of personnel. Moreover, people are required by law to insure themselves, so that necessary care is available to everyone. In the Netherlands “necessary” care is defined by the so called “basic packet”. So everyone can afford all necessary care and this care is of sufficient quality. In addition to this minimum quality guarantee different quality levels are possible (sufficient to good). It is taken into account that consumer preferences will vary less in some quality aspects than others. Most people agree on the importance of low mortality risks, but they differ in their wishes for additional services. Besides the distinction between healthcare itself and additional services is not as clear as it may seem on first sight. Is having a private hospital room an additional service for someone who needs rest to recover? In this scenario, patients ask for different levels of quality-price ratios. Therefore care institutions or arrangements differ in quality and in variety of care. Budget hospitals will enter the market, as well as VIP-hospitals. All hospitals supply care of sufficient quality, but in budget hospitals the quality of care is sufficient and the service provided is moderate, whereas the quality of care in VIP-hospitals is excellent and the service provided extensive. SEO ECONOMIC RESEARCH YARDSTICKS AND CARROTS 4 13 Assessment of regulation under scenarios This report focuses on the relative effects of the policy options described in Chapter 2. However, these options also have a lot in common. All options rely on further liberalisation of prices for hospital care, with varying degrees of regulation as a safety net. Therefore, after Section 4.1 has briefly discussed current market imperfections, Section 4.2 discusses the experiences with liberalisation so far. Section 4.3 then deals with the positions of the main stakeholders regarding the various regulation schemes. Subsequently, the incentives and likely effects of the regulation schemes are scrutinised. Section 4.4 deals with the expected effects of the various options on prices; Section 4.5 through 4.9 discuss effects on volumes, quality, costs, innovation and organisation structure respectively. For some of these effects, there will be differences between the market scenarios discussed in Chapter 3. In these cases, differences will be pointed out. Note that this assessment does not have the ambition to give an overall welfare economic analysis of the policy options. The welfare effect of volume increases and quality increases that are more costly, for instance, is ambiguous. Hence, comprehensive statements about the welfare effects of the policy options would require thorough analysis of the optimality of the current quality and volume of hospital care. Instead, this assessment focuses on the relative and partial effects of the policy options. 4.1 Limitations to healthy competition Except for option 1a, the gradual extension, all policy options studied in the report intend to liberalise prices for hospital care in the B-compartment. Insurers are expected to negotiate with hospitals about prices, and perhaps price structure, volumes and quality levels. Insurers have strong incentives to negotiate: if they can contract good (or better) quality care at a lower (or the same) price than their competitors, they can offer attractive policies and make a profit. Insurers that fail to offer the quality and/or prices that the market desires, will lose clients and will eventually have to exit from the market. Therefore, the more bargaining power insurers have visà-vis hospitals, the lower average prices and volumes, or the higher the quality of care will become. Chapter 3, however, pointed out that there are currently a number of limitations to such a competitive market structure. First, as long as independent quality information is barely accessible for patients, insurers are not able to explain to consumers why they should prefer one hospital above another (Varkevisser, M. SEO ECONOMIC RESEARCH 14 CHAPTER 4 et al. 2007).16 Therefore patients select their favourite hospital on advice of their GP or simply choose the nearest. Second, as a consequence, insurers are as yet limited in their possibilities not to contract a specific hospital – to walk away from the negotiation table, so to speak. Moreover, some hospitals have regional market power. The NMA (Netherlands competition authority) investigated a few proposed mergers between health care institutions for this reason in the last two years17. As insurers are obliged by law to offer the insured adequate care, insurers will have to contract these hospitals, even though they may charge higher prices due to their market power. Third, health care insurance is compulsory. Therefore, an overall increase in the costs of health insurance hardly decreases total demand (market size). Cost increases that affect all insurers are relatively unimportant for insurers; they only care about their market share and individual cost differences. Fourth, health care insurers show herd behaviour. In 2006 and 2007, insurers offered insurance below costs, resulting in a total loss of € 300 million in 2006 (DNB 2007). Price differences, however, were very small and as a result, price turned out to be a relatively unimportant factor in explaining market outcomes. Between 2005 and 2006 the second cheapest insurer lost 11% of its customers, as the second most expensive won 18%. Other factors like the number of collective contracts and the service level of the insurance companies were of more importance, apparently. Fifth, patients do not link the quality of the insurance company with the quality of care. Insurants do not take into account the quality of health care when choosing an insurance company. Sixth, insurants have the legal permission to switch. Therefore they are allowed to buy the cheapest possible insurance until the moment they are ill and then switch to an insurance with better quality. Interviewees signal that insurants do choose their insurance more and more on the basis of expected costs, already. When a market would appear with ‘quality’ and ‘budget’ insurance policies, the ‘quality’ policies would become unaffordable, since only ‘heavy users’ would buy them. Seventh, many hospitals have no insight in their own DBC-costs (CTG/ZAio juni 2006) and are therefore not fully equipped to make management decisions to maximise profits. Eighth, legal restrictions hamper new market suppliers and prevent hospitals from making a profit. Ninth, the shortage of specialists limits the possibilities to increase the volume of care in some DBCs. 16 17 Varkevisser, M., N. Polman and S.A. van der Geest (2007) argue that if quality information is not available, patients probably will be suspicious about incentives of insurers to direct patients to certain hospitals. For example in Noord-Brabant, in Limburg and in “het Gooi”. SEO ECONOMIC RESEARCH ASSESSMENT OF REGULATION UNDER SCENARIOS 15 4.2 Experiences with liberalisation As was pointed out earlier on, about 10 % of hospital care has already been liberalised in 2006. Experiences in this so-called B-compartment can serve as a litmus test for what may happen when the B-compartment is extended. Moreover, an experiment with entirely free prices was conducted in the Sint Maartenskliniek, the results of which can also give an impression of the possible effects of liberalisation. A mid-term review of CTG/ZAio gives an impression of the results of this experiment (CTG/ZAio September 2006). Firstly, the Sint Maartenskliniek increased efficiency. For example, time patients stayed in the hospital for revalidation decreased by 15%. Secondly, the volumes supplied by the Sint Maartenskliniek increased more than average. Remarkably, this did not affect the volumes supplied by other health care institutions in the region. This suggests that liberalisation increases volumes. However, since the Sint Maartenskliniek is among the leading institutions in the Netherlands in its field, the extra increase of the volumes of the Sint Maartenskliniek may have decreased the volumes in hospitals in other regions. Thirdly, the prices of the Sint Maartenskliniek increased more than average. This relative higher increase took place in the A-compartment, as well as in the B-compartment. In 2007 the prices of the Sint Maartenskliniek decreased. The developments in the B-compartment have been monitored by the Dutch Healthcare authority (CTG/ZAio, 2005 and CTG/ZAio, June 2006)) It turned out that in the last two years prices in the B-compartment increased: in the first year there was a 5 % increase (in the Acompartment this was approximately 0,6%);18 in the second year there was a 0,5 % increase, which is, however, a decrease in real terms. This moderate price increase may, however, be somewhat misguided. The NZa signals in her monitor 2006 (page 21) that the prices in the B-compartment stayed artificially low because of compensations in the negotiations by a local surcharge on the A-compartment or favourable advance payment agreements on the A-compartment. As long as parties involved have the freedom to negotiate about the (quantities of the) A-compartment as well, they may let negotiations about the segments influence each other. Next to that, many hospitals founded ZBCs to profit from the differences in defrayment system between ZBCs and hospitals. These differences will vanish in 2008 (CTG/ZAio, June 2006). The effects of the current liberalisation in the B-compartment on the total volume of hospital care, as well as on quality and innovation are as yet unknown. The monitor studies by CTG/ZAio mention no volume development for the B-compartment in 2005 and 2006. The monitor 2006 uses the quantities of 2004. According to this monitor, the B-compartment still has waiting lists for some DBCs. Nevertheless, waiting lists have shortened in the last years. Because until 2003, ZBCs could only be founded for DBCs for which waiting lists existed, it is plausible to assume that ZBCs contributed to this shortening. But the recent policy “boter bij de vis” 18 The total budget of all hospitals in 2004 was (including the B-compartment) € 11.935 million. The total budget in 2005 was € 11.302 million (excluding the B-compartment). “CTG/ZAio 2007”. The prices in the B-compartment (volume 2004) increased by 5%, (CTG/ZAio, juni 2006), therefore the budget in the A-compartment increased by 1,3%. The volume-effects are 69,2 million (CTG/ZAio, juni 2006 ), so the prices of the A-compartment increased by 0,6%. SEO ECONOMIC RESEARCH 16 CHAPTER 4 whereby hospitals got extra money to reduce waiting lists, attributed to the shortening as well. The comparative extent of these effects is unknown. Nevertheless, interviewees expect volume increases to have a larger effect on total costs than price increases in the next years. According to some of them, incentives to control volumes (e.g. through protocols) would therefore be more appropriate to reduce costs than a price regulation. Possibilities for government regulation in this field are, however, limited. 4.3 Stakeholders’ positions Section 4.1 pointed at limitations that presently exist to the bargaining power of insurers and that could subsequently lead to (localised or general) price increases under full liberalisation. All policy options studied here (except for option 1b) aim to prevent this from happening or to limit the impact of this. Hence, health care suppliers, i.e. hospitals and independent treatment centers (ZBCs), can be expected to prefer one-off extension of the B-compartment without additional regulation (option 1b). After all, the other options have in common that they can only make things worse for them if they generated more income than allowed by the regulation schemes. If hospitals or ZBCs can negotiate average prices that are above some market benchmark, regulation will do what health care insurers failed to do: bridle their market power. Only if hospitals would fear that market pressure would lead to significantly lower prices, option 1a would be preferable for hospitals as it partially postpones competition. In De Volkskrant, chairman Joan Leemhuis from the Dutch Hospital Association (NVZ) stated that hospitals do indeed prefer a big bang scenario (Vos 2007).19 More surprising at first sight is the position expressed by health insurers, who also prefer a big bang to the other options20, provided the DBC-system functions well (Vos 2007). Bas Geerdes of Zorgverzekeraars Nederland (ZN) points at the administrative costs of gradual extension. Why do health insurers prefer unregulated big bang to regulation systems that aim to help them control hospitals’ market power? This will likely have to do with the intended policy to put reclaimed surpluses into the equalisation fund (Zorgverzekeringsfonds) so that they will accrue to all health insurers equally. This will reduce the total costs of health care, but as demand for basic policies is fixed (insuring is compulsory), this will not entail any increase in demand for health care insurance (this issue will be returned to in the next section). Thus, if reclaimed surpluses are put into the equalisation fund, individual health insurers have no direct benefits from yardstick competition, but they may have some additional administrative burdens. The insured are likely to benefit from yardstick competition through the costs of their policies (or their income contributions): reclaimed surpluses will reduce the need for additional funding of the Zorgverzekeringsfonds. The tighter the yardstick, the more money is likely to flow into the Zorgverzekeringsfonds, and the cheaper health care insurance should become. On the other hand, consumers of health care – the insured in their other role – might fear that these cost cuts will 19 20 In the same newspaper article, specialists express themselves in favor of gradual introduction (option 1a), as they fear that the DBC will not work any time soon. Including the coalition agreement option Piersma, J. (2007). Iets meer markt in de ziekenhuissector. Het Financieele Dagblad. Amsterdam. SEO ECONOMIC RESEARCH ASSESSMENT OF REGULATION UNDER SCENARIOS 17 reduce quality or innovation of health care. Also, they might fear increasing waiting lists if some treatments become highly unprofitable for some hospitals. If that be the case, they will not benefit from yardstick competition after all. The following sections will investigate whether such fears are justified. 4.4 Prices This section deals with the relative effects of the various policy options on prices. 4.4.1 Incentives for insurers As was stressed in Section 4.3, individual insurers will not benefit directly from yardstick competition schemes, as long as any surpluses are put into the Zorgverzekeringsfonds. Nor will they benefit collectively from lower costs of health care, as demand for (basic) policies is totally inelastic by law (insurance is compulsory). Hence, the incentives on insurers under all yardstick competition schemes (including the coalition agreement option) seem identical to the incentives under full liberalisation. Only under the gradual liberalisation option (1a), there will be less room for price negotiation. Differences between the incentives under regulation and full liberalisation can, however, occur, when insurers are highly regionally specialised. An insurer that is over-represented in a region with high average prices (e.g. a rural region where hospitals have market power) can be looked upon as if it subsidises his competitors via the yardstick scheme, given that redistribution takes place nationally, through the Zorgverzekeringsfonds. Under the condition that insurers differentiate their policy prices regionally or even locally (ideally, per hospital), this will damage the locally specialised insurer’s competitive position. In this scheme, competitors receive a refund according their national market share, which they can use to reduce the price of their insurance policies for their relatively small local base of policyholders. This leverage improves their competitive position relative to the locally specialised insurer. As a result, the locally specialised insurer faces ultra-strong incentives to negotiate (i.e. stronger incentive than unregulated competition). Local fringe competitors, on the other hand, face slightly weaker incentives to negotiate wherever their local market share is smaller than their national market share. If all fringe competitors were to combine in a local buyer group, the incentives of this group would even be severely weakened: most of the money gained at the negotiation table would have been gained anyway through the regulation scheme. If, on the other hand, insurers cannot or will not apply strict local price differentiation (or if they only care about their own costs and do not care about average cost differences with others), national redistribution gives a locally specialised insurer incentives that are similar to those under full liberalisation (his incentive is only weakened proportional to his national market share, see also Box 4.1). Fringe competitors also have incentives that are quite similar to those under unregulated competition (their incentives are also weakened proportional to their national market share). A local buyer group as a whole has reduced incentives to negotiate, much like in the situation above (compare this to a market in which ‘the rest’ consist of a single company). SEO ECONOMIC RESEARCH 18 CHAPTER 4 Agrell et al. also discuss the issue that individual insurers do not benefit from surcharges if these are paid to the Zorgverzekeringsfonds. They call this ‘a transfer from one insurer who pays too much to all insurers’ (Agrell, Bogetoft et al. 2007). As an alternative to the Zorgverzekeringsfonds, Agrell et al. suggest ‘to redistribute surcharges per hospital across all locally involved insurers proportional to their size in that hospital’ (Agrell, Bogetoft et al. 2007). Such a modification can, however, weaken the incentives for the locally specialised insurer to negotiate sharp prices for hospitals that they expect to be subject to a surcharge: if they fail to bargain aggressively, the regulator will bail them out partially. Whether or not the incentive to negotiate is significantly weakened, will again depend on the ubiquity of regional price differentiation for insurance policies. Consider the extreme case that an insurer has a monopoly position in a region, and hence insures 100 % of a hospital’s treatments. Then, the insurer would have no incentive to negotiate once he is convinced he cannot negotiate lower average prices than allowed by the regulation scheme: all surplus charges will come back to him through the regulator. Instead of trying to bargain below the yardstick price level, he might focus his attention to quality aspects or other criteria. In case an insurer insures 50 % of a hospital’s income, 50 % of whatever he leaves behind at the negotiation table will be refunded to him, while the other 50 % is distributed amongst his local competitors. In case the rest of the local market is highly concentrated, this redistribution to local competitors will damage an insurer’s position: direct competitors favour significantly from bad bargaining. If the rest of the local market is distributed evenly over the other insurers, however, this effect is attenuated, unless all insurers apply strict local price differentiation. Box 4.1 illustrates this in a numerical example. Note that this example is not as stylised as they may seem: In Friesland, 75 % of patients in the Noorderbreedte hospital are insured by ‘de Friesland zorgverzekeraar’. Table 4.1 summarises the main conclusions in this subsection. It shows that local redistribution only gives proper incentives if insurers apply local price differentiation for insurance policies. National redistribution gives the best incentives if the prices of insurance policies are not differentiated locally (or if insurers care about their own costs rather than cost differences with other insurers). Table 4.1 Incentives for insurers under yardstick competition, compared to full liberalisation Local price differentiation of insurance policies No local price differentiation Locally specialised insurer has ultraNational redistribution of surcharges strong incentives to negotiate; through the equalisation fund Fringe competitors have slightly (according to national market weakened incentives; buyer group shares) has weak incentives Locally specialised insurer has normal incentives to negotiate; Fringe competitors have slightly weakened incentives; buyer group has weak incentives Local redistribution of surcharges (according to local market shares) Incentives for all insurers are weakened proportional to their local market share, hence incentive for locally specialised insurer substantially weakened SEO ECONOMIC RESEARCH Insurers have normal incentives to negotiate ASSESSMENT OF REGULATION UNDER SCENARIOS 19 Box 4.1 Incentives under local redistribution Assume a health care market that consists of H hospitals and I insurers. All hospitals have a market share 1/H and all insurers have a market share 1/I. Insurer i is, however, locally specialised: it has a ‘market share’ of 50 % in hospital h, while the rest of the market is evenly distributed. The maximum average price per DBC for each hospital is € 100, but as hospital h has market power, it manages to charge an average price of € 110 from every insurer, including i, for a total of 10.000 DBCs. This means h receives a surplus of € 100.000 above the allowed maximum. All other hospitals charge precisely their maximum average price of € 100. Then, under local redistribution, i will receive € 100.000 × 50 % thanks to the regulation scheme, which is € 50.000. By construction, all insurers end up paying h an ex-post average DBC-price of € 100. As the average price for all other hospitals was assumed to be € 100 as well, every insurer faces an ex-post average market price of € 100 per DBC. If redistribution takes place nationally through the equalisation fund, i will only receive its market share 1/i of the total surplus of € 100.000. If the number of insurers is larger than 2, this makes i worse off than local redistribution. For instance, if there are 10 insurers with equal overall market shares, i will receive € 10.000 from the equalisation fund, lowering his average price in h to € 108. Next, assume that if insurer i had put more effort into his negotiations, he might have achieved an average ex-ante price of € 100. That saves him € 50.000 out of pocket. However, the average preregulation price per DBC for hospital h becomes € 105. A surplus of € 50.000 is be redistributed, of which i receives € 25.000 (instead of € 50.000) under local redistribution. Hence, half of the money gained at the negotiation table is lost again through redistribution: the incentive is weakened by 50 % (i’s local market share in h). Under national redistribution, however, i now receives € 5000 (instead of € 10.000). Hence the incentive would be reduced by i’s national market share (which is 10 % in this example). Under local redistribution, this implies that insurers that are regionally specialised in expensive hospitals face significantly weaker incentives (assuming the rest of the local market is fragmented and insurers do not apply strict regional price differentiation). The larger the market share of an insurer in a local hospital, the more his incentive will be weakened by local redistribution. Such reduced incentives might on average lead to somewhat higher negotiated prices. Under price yardstick competition, this will lead to higher norm prices. Hence, putting surcharges in the Zorgverzekeringsfonds is expected to put more downward pressure on prices in the price yardstick competition scheme, if insurers’ shares in hospitals are highly skewed and policy prices are not set locally. Under cost yardstick competition, there is no direct relation between negotiated prices and norm prices. Hence, reduced incentives for insurers to negotiate with hospitals that have market power will not lead to increased norm prices. Under the BKZ-yardstick, the total expenses in the Bcompartment are fixed, so that there can be no price effect resulting from the way surcharges are redistributed. Table 4.2 summarises these relative effects discussed about, under the different policy options. The format in this table will be used throughout this report. One might argue that national redistribution of surcharges is in a sense unfair to those insurers who pay ‘too much’. Note, however, that the perceived ‘unfairness’ is proportional to the hospital-insurer-relation mentioned above and hence to the weakening effect on incentives. The SEO ECONOMIC RESEARCH 20 CHAPTER 4 larger the need for local redistribution from the point of view fairness, the more it will weaken the incentives to negotiate. This is the familiar trade-off of efficiency and equity. Under national redistribution, regional market power (as well as cost differences) gives insurers an incentive for regional price differentiation. An insurer that finds himself ‘specialised’ in one or more expensive hospitals clearly has the strongest incentive to differentiate prices. Alternatively, if quality information is available, he can try to direct patients to cheaper but still good hospitals or to spread his customer base over more hospitals or regions. Table 4.2 Incentives for insurers 1 Liberalisation without regulation 3 Liberalisation & Cost yardstick 2c. BKZyardstick Surcharges paid to Zorgverzekeringsfonds or involved insurers? 2b. Cost yardstick Weaker than other options 2a. Price yardstick 1b. One-off extension 1a. Gradual extension Incentives for insurers to negotiate 3 Coalition agreement 2 Yardstick competition Depends on redistribution scheme – Redistributing to insurers can reduce negotiation incentives and lead to higher prices No expected effects on prices 4.4.2 Incentives for hospitals Price yardstick It is generally assumed that price yardstick competition (as well as cost yardstick competition) will have a downward effect on prices. After all, average negotiated DBC-prices in previous years determine norm prices in subsequent years, while each hospital faces a revenue cap based on the set of these norm prices. Loosely speaking, last year’s average will be next year’s maximum. If hospitals with market power respond to regulation in their price negotiations, in order to prevent having to pay a surcharge in subsequent years, prices will spiral down. After all, anticipation on surcharges leads to lower negotiated prices and hence to lower average prices. Lower average prices will lead to lower norm prices in subsequent years. For this downward pressure to work, hospitals need an incentive to react to surcharges in their price negotiations. However, this incentive is not straightforward. In Box 2.1 it was pointed out that the maximum acceptable turnover is independent of the negotiated prices. If a supplier’s turnover exceeds the acceptable maximum, higher prices will lead directly to a higher surplus (SjY) that is reclaimed. If there is no additional penalty built into the system, the surcharge is simply a 100% tax on the surplus. At first sight, this would leave hospital indifferent whether or not to take norm prices and last years surcharges into account in their negotiations. There are, however, some more subtle incentives not to adjust negotiated prices to earlier repayments: SEO ECONOMIC RESEARCH ASSESSMENT OF REGULATION UNDER SCENARIOS 21 1. There may be principal-agent problems inside suppliers of hospital care. If specialists can affect the negotiated prices of the DBCs which they provide, while surcharges are financed through increasing general hospital costs for all specialists alike, there is a clear incentive not to decrease prices of individual DBC-units in the next round. In such a case, the overcharging specialist gains, while other specialists lose. 2. Even if the surplus is raised solely from the DBC-units price above average, an additional incentive is required for decreasing the price of overpriced DBC-units. If the surplus turnover that results from overpricing a DBC-unit is simply taxed away, there are three remaining benefits to continue overpricing: a. Overpricing DBC-units increases the national average marginally. A collective refusal to adjust prices to regulation will result in higher average prices, from which all hospitals with a positive surplus will benefit. Hence, collective behaviour not to adjust prices yields benefits for all suppliers that qualify for repayment, while they do not benefit from evasion. This is a mild form of collusion that can be very stable.21 b. Adjusting prices to repayment can have the further negative effect of overshooting: decreasing prices more than is needed. Since a hospital is uncertain about the average level of prices in the next year, it is rational to aim for a positive surplus. c. Overpricing DBC-units gives hospitals a source of interest-free debt to be used as working capital. To counter these incentives not to adjust prices to yardstick competition, an additional incentive has to be introduced. Agrell et al. suggest an additional penalty: ‘[…] it must repay the surcharges, possibly with some extra penalty a (in addition to interest) […]. It is clear, however, that unless penalties are very high, a hospital will indeed charge above the revenue cap, if it has enough market power over local insurers to do so. ’ (Agrell, Bogetoft et al. 2007), p. 26. Considering the above, a penalty will indeed be required for the downward pressure to work under the price yardstick. This penalty will have to be large enough to offset the risk of overshooting (2b), and the collective incentive to keep prices high (2a). To achieve this, a moderate penalty seems sufficient. If, however, principal agent problems exist as described under (1), significantly higher penalties will have to be introduced. It is questionable, however, whether it will be acceptable and legally possible to charge penalties: when they set prices, hospitals face uncertainty about quantities and hence about the occurrence and size of any surplus. Moreover, capitation contracts (e.g. agreeing on a fixed payment per insured) may lead to unintended surpluses as calculated from actual DBC-volumes. One effect will counter these incentives not to adjust prices to the price yardstick. This is the demand reduction caused by higher prices and is illustrated in Figure 4.1. Figure 4.1 is a stylised example of a supplier providing one DBC at unit costs c and facing demand curve D that is assumed to be downward sloping. Without regulation, it will set price p1 and supply q1, resulting in a profit (p1 – c)q1. If the maximum norm price P is lower, however, profits to the size of (p1 – 21 See also Agrell, P. J., P. Bogetoft, R. Halbersma and M. C. Mikkers (2007). Yardstick competition for multi-product hospitals: An analysis of the proposed Dutch yardstick mechanism. Utrecht, NZa, p. 48. SEO ECONOMIC RESEARCH 22 CHAPTER 4 P)q1 are taxed away, and the supplier is clearly better of charging P and supplying q2. Lowering negotiated prices can increase profits by (q2 – q1)P. Figure 4.1 Profit reduction caused by overpricing D p1 P c q1 q2 To summarise, there are several incentives for suppliers not to adjust prices to regulation and surplus repayment. There is one incentive to do so, the strength of which will depend on the elasticity of demand: if demand is fairly inelastic (for instance for a supplier with substantial market power), the incentives not to adjust prices may very well be dominant. Then, a penalty on surcharges is required for prices to decrease dynamically. In the absence of such a penalty and assuming fairly inelastic demand, prices cannot be expected to decrease as a result of the price yardstick. Cost yardstick Under cost yardstick regulation, allowed revenues will depend on market costs instead of market prices. Still, negotiated prices do not necessarily react to surcharges, for the aforementioned reasons: charging lower prices than implicitly allowed based on average costs (‘overshooting’) is equally unattractive and principal-agent problems within hospitals are equally likely. However, there are no collective benefits to not adjusting prices, nor is the actual pricing behaviour relevant for regulation. All in all, prices are slightly more likely to react to regulation under cost yardstick regulation, but more importantly, yardstick competition will not stagnate if prices do not react. Hence, the system will become less dependent on a surcharge penalty to work. BKZ yardstick As under the earlier schemes, prices may not respond to surcharges in the BKZ yardstick without serious penalties. Yet assuming the BKZ yardstick to be based on prices and calibrated to match the cure-compartment of the BKZ, keeping prices high will be of no avail to hospitals. Consequently, prices are expected to be equally likely to respond to regulation as under cost SEO ECONOMIC RESEARCH ASSESSMENT OF REGULATION UNDER SCENARIOS 23 yardstick regulation, and the overall yardstick is equally indifferent to this. Only the structure of norm prices will be affected by this. Coalition agreement In the policy option envisioned in the coalition agreement, effects will be similar to cost yardstick competition (assuming regulation in the A-compartment is based on a cost yardstick). Obviously, the prices in the extended B-compartment will not react to regulation as there is none.22 However, there can be interference between the fully liberalised and the regulated compartment, as currently observed between the current A- and B-compartment. For instance, hospitals can agree to invest in quality in the A-compartment, conditionally on price increases in the Bcompartment. Or, less optimistically, hospitals with some market power in the A-compartment can threaten to decrease quality, unless price increases in the B-compartment are accepted. Magnetic norm prices or weights All of the above assumes that hospitals behave as independently as they can while setting prices: they only take surcharges into account when a penalty is introduced. In the Monitor 2006, however, the NZa concluded that in 2006 many hospitals did not know their costs per DBC. If both hospitals and insurers are uncertain about actual prices, the regulated ‘norm prices’ could become a starting point in their negotiations. Thus, these prices could become ‘magnetic’ for negotiated prices, even if the underlying costs differ between hospitals.23 Under price yardstick regulation, this could again lead to a stagnation of the yardstick dynamics, much like the stagnation described above. Under cost yardstick regulation, the overall dynamics of the regulation scheme depends on costs rather than prices, so that a downward pressure on costs would be preserved. It is unsure whether or not norm prices will become a starting point in negotiations. To prevent this from happening, the NZa prefers the use of DBC-weights to norm prices. The latter can, however, easily be derived from the former by multiplying the weights and the average DBCprice. Hence, it is unlikely that the occurrence of a starting point will depend in the notation used in regulation. 22 23 If this policy option turns out to favour a price yardstick over a cost yardstick for the A-compartment, its success would also become dependent on penalties. In the interviews, anecdotic evidence was presented that hospitals in Drenthe do indeed exhibit such behaviour. After charging low prices initially, they expressed the intention to raise their prices towards the ‘fair’ national average. SEO ECONOMIC RESEARCH 24 CHAPTER 4 Table 4.3 Incentives for hospitals 1 Liberalisation without regulation 3 Coalition agreement 2 Yardstick competition 3 Liberalisation & Cost yardstick 2c. BKZyardstick 2b. Cost yardstick 2a. Price yardstick 1b. One-off extension 1a. Gradual extension Will prices react to yardstick competition? Not without substantial elasticity of demand and/or a penalty on surcharges Depends on financing of surcharges in hospitals Effect of pricing behaviour on yardstick Yardstick will stagnate unless penalty on surcharges is introduced None, only price structure will differ Norm prices or weights become magnetic in negotiations – Possible, would slow down or stagnate yardstick dynamics None Possible, but has no effect on total costs None Possible in regulated compartment, but has no effect on total costs 4.4.3 Price dynamics and total costs Above, it was concluded that insurers face more or less equal incentives in all policy options.24 Meanwhile, hospitals have in incentive to adjust their pricing strategy and bargaining behaviour under yardstick competition, if a sufficiently high penalty is due over surcharges. The relative bargaining power of insurers and hospitals, and the outcome of negotiations will, however, depend on the market scenario and the policy option considered. Room for individual price increase and cost differences If some hospitals have large bargaining power relative to insurers, they can increase their prices under full liberalisation (option 1b). This will raise costs for insurers and will eventually lead to relatively higher costs of health care insurance. Gradual liberalisation will weaken this effect as it can only occur for part of hospital care, but it will not eliminate it.25 Yardstick competition, on the other hand, aims to counterbalance this effect: hospitals that raise their prices above the market average, have to pay a surcharge. This means that hospitals with market power only have room for individual price increases as long as they do not exceed their maximum allowed 24 25 Except for option 1a, the gradual extension. In fact, market power in the A-compartment that is constrained by regulation or budgeting, may be used to bargain higher prices in the B-compartment (e.g. in return for quality investment in the Acompartment). SEO ECONOMIC RESEARCH ASSESSMENT OF REGULATION UNDER SCENARIOS 25 revenues. The first row in Table 4.4 summarises this point. However, hospitals that for some reason have higher costs face the same restrictions. The yardstick competition scheme does not allow for average (case-mix adjusted) prices that are above the market average, regardless of whether this results from an attempt to abuse market power, or high costs. In a perfectly competitive market for hospital care with perfectly homogeneous products (DBCs), this would be similar. After all, insurers would not care what the source of high prices would be, but refuse to pay them anyhow. However, in a market with regional cost differences or product or demand heterogeneity, a competitive outcome can very well exhibit price differences. Such ‘justified’ cost and price differences could relate to the costs of input factors or demand characteristics. The building costs of hospitals may for instance very well be higher in the Randstad; also staff costs will differ across the country, reflecting differences in regional labour market conditions. Demand characteristics can also differ along with regional socio-economic differences. A large proportion of non-native patients may for instance require more time or the use of interpreters. Moreover, hospitals in cities have more creditor risks related to bills for treating homeless people or illegal immigrants. Especially the four not-academic hospitals in the major cities pay these costs. In 2005, for instance, MC de Haaglanden paid one million Euro for non- paying customers, the HagaZiekenhuis 500.000 Euro and het Rotterdamse ziekenhuis 800.000. The OLVG in Amsterdam did not suffer such credit risks, as the Amsterdam regional insurer pays for them.26 On the other hand, hospitals in less densely populated areas may be forced to operate below their minimum efficient scale, which increases their average costs. The complexity of demand may also differ in a way that is not expressed by the DBC-system. In case a hospital is able to treat very complex cases without qualifying for so called top-clinical or top-referent budgeting, it may have a problem supplying above-average quality at average prices. The Oogziekenhuis in Rotterdam, for instance, claims to treat the most complex patients in certain DBCs. For some of these very complex DBCs they treat 25% of the total patient population in this DBC in the Netherlands. Other general hospitals also write costs on the same DBCs, but limit themselves mostly to far more simple (and therefore cheaper) intervention. Being a categorical hospital, the Oogziekenhuis has little room for cross-subsidising with other DBCs. Sometimes insurers are willing to pay more for better quality. Some interviewees told that they made agreements with insurers to guarantee that a patient would not have to come back for the same disease. If he would, the treatment would be free of charge for the insurer. Insurance companies are willing to pay more for this guarantee. The second row in Table 4.4 summarises this point. 26 NRC, 14-1-2006 SEO ECONOMIC RESEARCH 26 CHAPTER 4 Inherent dynamics of yardstick The potential problem above becomes more serious as the dynamics of yardstick competition is considered. For, given the fact that hospitals will avoid having to pay a surcharge and adjust their prices accordingly27, the price yardstick scheme will cause prices to spiral downwards. Prices will react to the yardstick and the yardstick will be tightened accordingly. Prices will mechanically decrease each year, even after hospitals start making losses. As long as there are price differences between hospitals, some will be priced above the average, whether or not this has to do with the abuse of market power. And even though the system allows for cross-subsidisation between DBCs within a hospital, some hospitals will face a surcharge which they will avoid in the next year. The larger the penalty on surcharges, the more hospitals will avoid them. To the extent that a yardstick induces losses or even bankruptcy for efficient hospitals the inherent dynamics seems undesirable. The cost yardstick is somewhat different in this respect, as it is calibrated on industry costs instead of prices. If hospitals fail to become more efficient, the yardstick will become static. As this implies that each year some hospitals make losses, this situation cannot persist, however. Hospitals with high average costs will have to become more efficient or face bankruptcy. Either way, this will eventually lead to lower industry costs. The total budget under the BKZ-yardstick is subject to a political process. Political decisions about the BKZ overrule any inherent dynamics of the yardstick regime. The option in the coalition agreement, to conclude, is similar to the cost yardstick as far as the related part of hospital care is concerned. This means that costs and prices will eventually decrease in this part of hospital care, even if it involves substantial loss-making or bankruptcy among hospitals. The third row in Table 4.4 summarises the observations above.28 Response to industry costs and risks Although the price yardstick system has an inherent downward effect on prices, it does leave room for an industry wide increase in prices. If all hospitals raise their prices as a result of increasing costs of input factors, or in reaction to increased market risks, the price yardstick will increase accordingly.29 The cost yardstick also allows for an industry wide increase in costs. It does not, however, allow for an industry wide price increase in reaction to increased market risks. If, for instance, the risks perceived by hospitals are larger than those they are averagely compensated for by the cost yardstick (through the WACC), hospitals’ incentives to invest would suffer. Similarly, an industry wide increase in solvability to cope with the enhanced risk environment will not be accommodated by the cost yardstick. As the number of hospitals is quite large, collusion is a highly unlikely explanation for industry wide increases in the desired price-cost margin. Therefore not accommodating such an increase may constitute regulatory failure. Assuming the coalition agreement option to be based on the cost yardstick, the same point applies. 27 28 29 As long a sufficiently high penalty is due over surcharges. It is debatable whether inherent downward dynamics is an intended and desirable. Collusive behaviour of hospitals could have the same effect, although this seems highly unlikely in practice given the large number of hospitals. SEO ECONOMIC RESEARCH ASSESSMENT OF REGULATION UNDER SCENARIOS 27 Under the BKZ-yardstick and the gradual extension, responding to an industry wide increase in costs (or desired price-cost margins) is subject to political decision making. The fourth and fifth rows in Table 4.4 summarise these points. Losing weights Even though in principle, increasing industry costs can be recovered under cost yardstick competition, the procedure of setting weight may cause some DBCs to be inherently lossmaking. After all, knowledge of DBC-costs is by no means perfect. Agrell et al. postulate that ‘weights are set by the regulator and intended to reflect relative scarcity or costs of different DBCs’ (p. 21). In the Dutch summary it says that costs and scarcity will be taken into account (p. 8), and in section 4.7, it is stated that the regulator should take such indicators into account while revising DBC-weights. It seems save to conclude from this that scarce DBCs will receive higher weights to give an incentive for capacity expansion and entry. As long as scarcity of a particular DBC indicates that the regulated weight is too low (loss-making), using waiting lists for revising weights will increase the accuracy of the regulation scheme. However, longer waiting lists may also result from the fact that a treatment is simply less urgent, or that specialists are scarcer. If that is the case, using waiting list information to adjust weights will by definition lead to lower norm prices or weights for others, as long as the overall condition on total costs remains satisfied. In the zero-sum-game the cost yardstick entails, this has to imply a norm price below average costs for another DBC. Too high weights will induce hospitals to shift production to those ultra-profitable DBCs while weights that are set too low will most likely lead to underproduction of such DBCs. As the coalition agreement option is largely based on the cost yardstick, a similar effect can occur there. Also, this could occur under the BKZ-yardstick, if the BKZ is too tight. This point is summarised in the last row or Table 4.4. Table 4.4 Price dynamics 1 Liberalisation without regulation 3 Liberalisation & Cost yardstick Yes 2c. BKZyardstick Much 2b. Cost yardstick Some 2a. Price yardstick 1b. One-off extension Can allow for regional cost differences or demand heterogeneity 1a. Gradual extension Room for individual price increase for hospitals with market power 3 Coalition agreement 2 Yardstick competition Little, as long they do not exceed their maximum allowed revenue Some No Only the liberalised part SEO ECONOMIC RESEARCH 28 CHAPTER 4 Table 4.4 Price dynamics (Continuation) 1 Liberalisation without regulation Large, even if the sector makes losses Depends on opportunities to cut costs. Will happen eventually Subject to political process Possible Natural Mistaking in setting weights will make some DBCs lossmaking and others highly profitable Possible – Not allowed Requires regulatory or political approval 3 Liberalisation & Cost yardstick 2c. BKZyardstick Partially requires regulatory or political approval – 2b. Cost yardstick Response to industry wide increase in desired price-cost margin – 2a. Price yardstick Response to industrywide cost increase 1b. One-off extension 1a. Gradual extension Inherent downward dynamics of yardstick 3 Coalition agreement 2 Yardstick competition Depends on opportunities to cut costs. Will happen eventually Possible Not allowed in regulated compartment Leads to over- and undersupply of particular DBCs 4.4.4 Administrative burdens This subsection looks into the information requirements and other administrative burdens of the various policy options. Liberalisation without regulation It is obvious that under this policy option, the information requirements caused by regulation are minimal. In option 1b, the one-off extension of the B-compartment, insurers and hospitals only require private information for their own negotiations.30 In option 1a, however, the gradual extension itself will entail substantial information requirements and administrative burdens. Hospitals will have to use standard cost calculation and calculation in line with the budget system (FB-parameters) simultaneously. Each time a new set of DBCs is liberalised, the remaining hospital care in the A-compartment will have to be valued. This is analogous to the valuation that took place preceding the initial liberalisation of the Bcompartment. To carve out the presently liberalised B-compartment, ‘the Dutch Healthcare Authority estimated cost prices (i.e. average unit costs) for the products, based on a survey of a group of 12 hospitals and multiplied these cost prices with the estimated volumes’ (Agrell, Bogetoft et al. 2007). This procedure will have to be repeated, to prevent any competitive 30 As most hospitals presently do not know their own cost structure very well, this may still be quite some challenge. SEO ECONOMIC RESEARCH ASSESSMENT OF REGULATION UNDER SCENARIOS 29 pressure in the B-compartment to leak away to the A-compartment. For this reason, health care insurers (as well as hospitals) do not favour a gradual extension. Price yardstick Under price yardstick competition, the basic inputs for the regulation system are prices. In Chapter 2 it was pointed out that no explicit information about price-quantity agreements is required, as long as the volume, and the total turnover (or average price) per hospital per DBC is known. Using this information, weighted average prices per DBC can be calculated, which serve as norm prices in the next round. More precisely, if weighted average prices are to be used, quantities will have to be known, and hence there will be a two-year time lag if norm prices are to be known in advance of negotiations. A limitation of the price yardstick may arise under innovative contractual arrangements between hospitals and insurers. If they have not agreed on a fixed price or price functions pijkY(qijkY) per DBC, but instead agreed on a capitation contract with a fixed price per patient or insured, a breakdown of hospital revenues to DBCs may be problematic. As a consequence, average DBCprices would be unknown and the price yardstick would go astray. This can be resolved by disallowing such innovative contract, but that seems highly undesirable and in conflict with the whole idea behind liberalisation. Alternatively, the yardstick could be based on the priceinformation that is available. If a large majority of DBCs is subject to capitation this would be problematic, but this is highly unlikely to occur in the near future. As long as DBC-volumes per hospitals are still known, imperfect information about average prices can be used in the price yardstick scheme.31 There is an additional puzzle to bootstrap the price yardstick, as there are no negotiated prices to start out with. As a starting point, the price yardstick scheme could be calibrated on the costs of DBC as analysed at the introduction of the B-compartment in 2005, or on the BKZ-prices. Cost yardstick The cost yardstick regulation scheme does not necessarily require data on average prices or turnover per DBC per hospital (although DBC-volumes are still required in order to calculate surpluses at the end of the year). Instead, information is required about the total costs of hospitals in the regulated compartment, including a normalised return on invested capital. Total costs and invested capital can be obtained from auditing data, but even though hospitals have agreed on a standardised accounting arrangement, there will be imperfections to standardising accounts and to linking them to actual asset bases. Compared to other regulation schemes such as rate of return regulation, this causes less problems, as individual regulated revenues are not based on the individual standardised asset base. Thus, there is much less moral hazard to misreport. If, however, there is some ‘systematic bias’ in the reported asset base – this could result from the fact that hospitals are averagely old – the standardised regulated return on capital will be insufficient to recoup future investments. If this is the case, entry will also be discouraged, as entrants cannot recover their investment costs from regulated maximum prices. 31 Alternative yardstick schemes do not require price information about individual DBCs all long as volumes per DBC are known (for calculating the total allowed revenues in the regulated compartment), as well as the total actual revenues. SEO ECONOMIC RESEARCH 30 CHAPTER 4 A normalised return on invested capital will involve determining the Weighted Average Costs of Capital (WACC) for suppliers of hospital care. Apart from some parameters that are supposed to be fixed for the entire financial market, this involves estimating the volatility of the stocks of a benchmark group of listed hospitals, and assuming a typical or preferential debt-to-equity-ratio. Even though this procedure is common to many regulation schemes, it is equally common as a source of controversy and costly lawsuits.32 In addition to total hospital costs, cost yardstick competition requires setting weights or norm prices per DBC. As was pointed out above, Agrell et al. give no explicit recipe for calculating these, but state that: ‘The weights are set by the regulator and intended to reflect relative scarcity or cost of different DBCs’. In practice, this should resemble the relative market prices fairly closely, although above it was argued that these prices may not be straightforward if capitation contracts become popular. Weights can be adjusted periodically, based on new products, negotiated prices and waiting lists (Agrell, Bogetoft et al. 2007), p. 8 & 45. As under price yardstick competition, one will need a starting point other than negotiated prices, but after this, negotiated prices could function as a proxy for both costs and scarcity.33 An advantage of using negotiated prices to determine weights, is that it makes the procedure very simple and transparent, which can be expected tot lead to less criticism and legal appeal. This would logically lead to a two-year time lag, just like under the price yardstick scheme. Thus, in addition to the information requirements in the price yardstick, the cost yardstick will require audit data on hospital costs and invested capital, as well as a WACC. BKZ-yardstick Assuming the BKZ-yardstick is based on the price yardstick with an additional condition on total costs, the information requirements are similar to those under price yardstick competition. Norm prices would have to be adjusted downwards or upwards, proportionally to the budget available under the BKZ. Coalition Agreement Assuming the extension of the B-compartment is ‘carved out’ using the same weights and volumes that are used for yardstick competition in the A-compartment, the information requirements and administrative burdens of the coalition agreement option and the cost yardstick are similar. 32 33 E.g. Poort, J. (2001). Toezicht op de toekomst. Regulering van de regionale elektriciteitsnetten in het maatschappelijk belang. Breukelen, NYFER, Poort, J. and J. Mulder (2004). Parels voor de zwijnen. Een alternatieve vergoedingsmethodiek voor de destructie van dierlijk afval. Amsterdam, SEO Economisch Onderzoek. Prices can not only reflect costs and scarcity, but also monopoly power. SEO ECONOMIC RESEARCH ASSESSMENT OF REGULATION UNDER SCENARIOS Table 4.5 31 Administrative burdens 1 Liberalisation without regulation 3 Liberalisation & Cost yardstick 2c. BKZyardstick 2b. Cost yardstick Minimal 2a. Price yardstick 1b. One-off extension 1a. Gradual extension Administrative burdens Substantial costs of carving out slices of hospital care 3 Coalition agreement 2 Yardstick competition Limited: Limited: Substantial: Substantial: turnover and turnover and costs, WACC costs, WACC volume per volume per and price and price DBC per DBC per information information hospital hospital required required suffices suffices 4.4.5 Prices in market scenarios Most of the discussion in this section is identical in all market scenarios. The issues raised in Section 4.3.3, however, require further analysis in the light of the market scenarios. It was concluded that yardstick competition of any kind leaves little room for individual hospitals to increase their prices. This is the very aim of the regulation schemes, and should be seen as a virtue of yardstick competition. The flip side of this coin, however, is that there is also very little room for taking regional cost differences and demand heterogeneity into account, even if ‘the market’ would be willing to accept these differences. Taking the inherent downward dynamics of yardstick competition into account, this can cause efficient and benevolent hospitals to make losses and eventually to go bankrupt. This is a vice of yardstick competition.34 These effects are different sides of the same coin, and it will depend on market conditions which effect will prevail. If at a large scale hospitals have market power and abuse it to drive up prices, or if hospitals are highly inefficient, yardstick competition will be beneficial to restrict this market power. If on the other hand, the market is fairly competitive, and price differences can be explained by cost differences and demand heterogeneity, yardstick competition of any kind may not only be superfluous but detrimental as well. Table 4.6 re-addresses the issues from Table 4.4, relative to the market scenarios. The more competition between hospitals is assumed to be effective in a scenario, the larger the risk that yardstick competition harms efficient and benevolent hospitals. 34 Introducing regional differences in the yardstick would resolve some of this tension, but still differences due to demand heterogeneity and quality differences would remain unrewarded. SEO ECONOMIC RESEARCH 32 Table 4.6 CHAPTER 4 Price dynamics in market scenarios 1 Liberalisation without regulation Market power and Market power outside urban inefficiencies Market power and areas leads to partial price can be inefficiencies are adequately increase sustained addressed addressed by yardstick inefficiencies adequately, depending on BKZ Limited market Limited power, might market still lead to slight price power, might still lead to increase. price Budgets limit increase allocation and efficiency 3 Liberalisation & Cost yardstick Differentiation in quality 2c. BKZyardstick Dynamic competition 2b. Cost yardstick Removing legal barriers 2a. Price yardstick Consumer Choice 1b. One-off extension 1a. Gradual extension Status quo 3 Coalition agreement 2 Yardstick competition Some room for price increase and inefficiencies outside urban areas; mostly addressed by yardstick Yardstick can address remaining market power but can also damage efficient and benevolent hospitals Yardstick is unnecessary and may damage efficient Budgets limit Competition hospital allocation keeps prices and down Yardstick is detrimental & discourages differentiation efficiency 4.5 Volumes In most markets, especially those treated in economic textbooks, demand will increase as prices go down and vice versa. This is also expressed in Figure 4.1. In hospital care, consumers do pay marginally for their consumption and hence their response to price movements is not straightforward. The volume of hospital care under liberalisation will depend on other factors. What is more, consumers of hospital care lack the information to determine their needs fully. Therefore, they rely on clinical examinations carried out by suppliers. This lack of information on the side of consumers can lead to two problems, named: ‘clinical iceberg’ and ‘supplier induced demand’. ‘Clinical iceberg’ refers to under demand, caused by consumers’ unawareness of their own illnesses. ‘Supplier induced demand’ refers to over-demand, caused by self-interested suppliers, who exaggerate the need of consumers in order to increase their demand. It is difficult to prove the existence of supplier induced demand. The empirical health economics literature (Mc Guire 2000) shows two types of empirical studies, both with big methodological problems. SEO ECONOMIC RESEARCH ASSESSMENT OF REGULATION UNDER SCENARIOS 33 The first studies test an “availability-effect”: does an exogenous increase in the availability of physicians increase the demand for services? Empirical studies indeed show a positive relationship between physician density and per capita utilisation of medical services. These studies are however criticised because they do not distinguish between an availability effect and an inducement effect. The improved availability of medical services may increase per capita utilisation due to other things than supplier induced demand, such as shorter waiting times, lower travelling costs, greater consumer choice in terms of specialisation and quality and/or less rationing of the least serious medical cases. In other words, the correlation found may reflect patient preferences and rationing of care, rather than supplier induced demand. To emphasise these methodological problems Dranove (1994) argued - using the same method - that obstetricians induce births. Later studies tested the “income-effect”: does an exogenous decrease in fees of physicians increase the demand of services? These studies showed evidence that physicians respond to a decrease in their fees by increasing the volume of their services. These studies have been criticised for their methodology as well. An income effect is possible without implying inducement. In municipalities where rationing takes place, an income effect could indicate that access to services is improved. Physician services become available to more people because physicians choose to increase their workload in response to a decrease in income. In municipalities where rationing does not take place an income effect can be interpreted in two ways: first, it could indicate an improvement in the quality of services (for example less travelling time, longer consultations, better information about diagnoses and treatment), secondly it could indicate that physicians actively try to reduce the clinical iceberg. Dutch physicians are already trying this by visiting the elderly at home to test them. Thirdly, it could mean that physicians induce demand for their services. Overall it is difficult to prove the existence of supplier induced demand. For our purposes, however, the importance of knowing why volumes in hospital care increase is less important than that they increase. And as we have seen, these studies show that if prices are reduced or availability is increased, volumes of consumed health care will rise. Hadley and Lee (1978) report for instance that the utilisation growth during the price freeze of 1972 to 1974 was so large that the rate of growth of total costs exceeded the growth after the prices were unfrozen in 1975. Agrell, Bogetoft, et al. (2007) add that several studies prove that health care demand is responsive to cost-sharing. The introduction of such a system in the Netherlands next year, will therefore probably be of influence of demand. In the light of the above, any policy option that leads to lower prices or larger availability of hospital care is most likely to increase volumes. The first experiences in the Sint Maartenskliniek confirm this and also in the interviews this expectation was expressed repeatedly. Note that such a volume increase does not need to be a bad thing from a welfare-economic point of view. The only regulation scheme that is apt to address volume effects is the BKZ-yardstick. This is the only policy option that regulates total expenses in the B-compartment, whereas the other regulation schemes only regulate prices or prices relative to costs. SEO ECONOMIC RESEARCH 34 CHAPTER 4 Agrell, Bogetoft, et al. (2007) also deal with volume effects under the cost yardstick. They argue that a lower unit price caused by regulation can give hospitals incentives to produce larger or smaller volumes, depending on their marginal costs relative to the regulated price. They claim that this will shift production from less to more efficient suppliers, much like in a competitive market. However, only suppliers with decreasing returns to scale can be expected to reduce output voluntarily. If many suppliers have increasing returns to scale, total volumes can be expected to increase significantly, unless insurers make contractual arrangements to limit volume increases.35 Table 4.7 Volume effects 1 Liberalisation without regulation 3 Liberalisation & Cost yardstick 2c. BKZyardstick 2b. Cost yardstick 2a. Price yardstick 1b. One-off extension 1a. Gradual extension Volume effects 3 Coalition agreement 2 Yardstick competition No safety net No safety net Only AOverall for volume for volume compartment No safety net budget No safety net increase that increase that leaves room for volume constraint for volume may be may be for volume increase limits volume increase enhanced by enhanced by control increase regulation regulation 4.6 Quality Fixed prices Economic literature implies that if the prices patients pay for their hospital care are fixed (regardless at which hospital they receive care) more competition leads to more quality (Gaynor (2006)). The reason is that, if hospitals have to compete and price is fixed, the only remaining option is to compete on quality. Most empirical studies validate this positive effect of more competition on quality (e.g., Kessler, D., McClellan, M. 2000). Free prices When hospitals are free to set prices, theoretical predictions are less clear. Price and quality depend on relative responsiveness of demand versus quality. Quality will decrease relative to price when demand becomes more responsive to price or less responsive to quality and vice versa. Empirical studies of markets where providers set prices show mixed results as well. Some studies (e.g., Propper et al. 2003) show that where providers set prices, competition reduces quality in case there are negotiable prices, unobserved quality and long waiting lists. Hospitals lower the quality for services where demand elasticity is low, while raising the volume of services where demand elasticity is high. The outcome is that hospitals cut clinical quality that determines death rates, while carrying out more elective procedures and reducing waiting lists. Other studies (e.g., Sari 2002; Gowrisankaran and Town 2003) show that, where providers set prices, 35 Earle et al. 2007, On Price Caps Under Uncertainty, show that if a price cap is closely above marginal costs and suppliers face uncertainty about demand, a price cap may lead to smaller instead of larger quantities. This effect could counterbalance the effects described in this section somewhat. SEO ECONOMIC RESEARCH ASSESSMENT OF REGULATION UNDER SCENARIOS 35 competition improves quality. These studies find lower quality in less competitive markets. Sari explains this by assuming that hospitals with higher market shares exercise market power by reducing quality. Gaynor interprets these results more charitably by assuming that hospitals in more concentrated markets take some of their excess profits in slack and that general slack may have the unintended consequence of lower quality. When hospitals are free to set prices, the effect of competition on quality depends on the relative responsiveness of demand to price and quality. If the responsiveness of demand to price is larger than the responsiveness of quality, studies expect that competition reduces prices, but also reduces quality. Care institutions will mainly compete on price. If quality responsiveness is larger than price responsiveness, competition will increase quality. Care institutions will mainly compete on quality. The above indicates that quality effects under liberalisation cannot be predicted without further knowledge of the elasticity of demand with respect to price and quality. It is to be expected that quality responsiveness will be higher if quality is transparent to consumers than if quality indicators are poor. Key variables Turning to the different scenarios and policy options, we see that the first two options (1a and 1b) have the same incentives on quality. The only difference is that gradual liberalisation has much weaker (positive and negative) incentives than one-off extension. In most scenarios, the yardstick variants have the same incentives on quality. Two variables are highly important for incentives on quality. These are: 1) whether or not quality is transparent for patients; and 2) whether or not hospitals have the opportunity to charge for higher quality. The scenarios and price regulations differ in these respects. If quality is not transparent In the scenarios 1 and 3 quality is not transparent to patients. When quality is not transparent, hospitals have no incentive to increase quality from a market point of view (this is the famous lemon problem). Of course, people working in hospitals try to do their best, but the price system gives them no extra incentives to do so. On the contrary, the system directs them to decrease quality. Under the liberalisation variants 1a and 1b, hospitals in competitive areas have to compete on prices, because patients will not be aware of efforts to increase quality, and therefore will not appreciate those efforts. Hospitals in competitive regions cannot afford to spend money on what patients do not appreciate. For the same reason, hospitals with market power cannot sell their quality improvements and will therefore not make the extra effort (in comparison with the status quo) to improve quality. Since the level of competition is higher in scenario 3 than in scenario 1, more hospitals will feel incentives to decrease quality in the former scenario. Under any form of yardstick regulation the scenarios without quality transparency have even worse effects on quality. In these cases, all hospitals – instead of only those in competitive regions – have to decrease quality: patients are unaware of quality, and avoid hospitals that spend money on improving quality, simply because these are more expensive. Hospitals with market power cannot bear the burden of unseen quality either, because of lack of funding: if quality is SEO ECONOMIC RESEARCH 36 CHAPTER 4 not included in the price of their competitors, funds that could otherwise be spent on quality will be skimmed. If quality is transparent In scenarios 2, 4 and 5, where quality is transparent to patients, life is easier. In scenarios 2 and 4, all patients are highly sensitive to quality and demand the highest quality available, since their insurance companies will pay for the price differences. In these cases, liberalisation leads to strong (scenario 2) and very strong (scenario 4) incentives to increase quality. In the fully competitive scenario (4) incentives are stronger than in the scenario (2) where market power still exists. But even in the latter scenario, hospitals with market power have incentives to increase quality, because they can ask all these quality-sensitive patients (i.e. their insurers) more money for more quality. In scenario 5, patients ask for different levels of quality-price ratios. Therefore, in liberalisation, hospitals would supply the different levels of quality demanded. The regulation variants again will restrict the demand for quality. Hospitals cannot respond fully to client wishes, because all money earned by care that costs more than average will have to be repaid. Of course, the average quality (and therefore price) is higher than in scenarios 1 and 3, so some quality can be paid for. The net result is a reduced, but positive incentive to increase quality. Table 4.8 summarises the above. SEO ECONOMIC RESEARCH ASSESSMENT OF REGULATION UNDER SCENARIOS Table 4.8 37 Effects on quality 1 Liberalisation without regulation 3 Liberalisation & Cost yardstick 2c. BKZyardstick 2b. Cost yardstick 1b. One-off extension Incentive to decrease quality in competitive regions 2a. Price yardstick 1a. Gradual extension Status Quo Weak incentive to decrease quality in competitive regions 3 Coalition agreement 2 Yardstick competition Incentive to decrease quality for all hospitals Consumer choice Weak incentives to increase quality… Strong incentive to increase quality, as Reduced incentive to increase quality, as regulation limits consumers possibilities to charge for higher quality are more sensitive to quality than to price Removing legal barriers Weak incentive to decrease quality for all hospitals Incentive to decrease quality for all hospitals Weak incentives to increase quality… Very strong incentive to increase quality, as Reduced incentive to increase quality, as regulation limits consumers possibilities to charge for higher quality are more sensitive to quality than to price Weak incentives to provide both top quality arrangements, and budget arrangements Strong incentives to provide both Reduced incentives to provide top quality arrangements, top quality strong incentive to provide budget arrangements arrangements, and budget arrangements Dynamic competition Differentiation in quality preferences 4.7 Costs Section 4.4 dealt with the effects of regulation on prices. A purpose of yardstick competition, however, is to give suppliers an incentive to become more efficient, to cut costs. This will enable them to make a profit, since the allowed revenues are independent of their own costs. Also under the other policy options do hospitals face strong incentives to reduce costs. SEO ECONOMIC RESEARCH 38 CHAPTER 4 The yardstick competition schemes will, however, have somewhat stronger incentives for cost reduction than liberalisation. Under yardstick competition, it will be imperative for a hospital whose costs are above the market average to cut costs, while in a liberalised market, this hospital might still ‘get away’ which charging prices above the market average to compensate for slack.36 Under cost yardstick competition, individual cost reductions in hospitals will directly lower the norm prices, as they are based on total costs of all hospitals (in the NZa formulation this is expressed as the average DBC-price over all hospitals). Thus, the cost yardstick gives hospitals an incentive to reduce costs and by doing so, it decreases total costs. Under price yardstick competition, individual hospitals also have a strong incentive (or a bare necessity) to reduce costs. Cost cuts don’t, however, automatically lead to lower prices. Nevertheless, in Section 4.4 the price yardstick was shown to have its own downward dynamics. Table 4.9 Effects on costs 1 Liberalisation without regulation – Individual cost reductions tighten cost yardstick automatically 3 Liberalisation & Cost yardstick Industry effect Very strong 2c. BKZyardstick Strong 2b. Cost yardstick 1b. One-off extension Moderate 2a. Price yardstick 1a. Gradual extension Individual incentive for cost reduction 3 Coalition agreement 2 Yardstick competition Strong, depending on BKZ Very strong – – 4.8 Innovation and entry The effects of the policy options on innovations are ambiguous and depend on the type of innovation. A large number of innovations in health care will lead to lower costs for a DBC. Such innovations are much like the cost reductions discussed in the former section. All options but the gradual extension give strong to very strong incentives for such innovations. There are, however, also innovations that lead to higher costs per DBC, but that are nevertheless beneficial. Such innovations could for instance decrease the propensity for complications or later problem that do not fall within the same DBC. Such innovations as well as prevention will be welcomed under liberalisation, particularly if the benefits still relate to the costs of hospital care, but they will be discouraged by yardstick competition, as it only looks at average prices of costs per DBC, regardless of such quality aspects. 36 Section 4.4, however, argued that this can also be detrimental. SEO ECONOMIC RESEARCH ASSESSMENT OF REGULATION UNDER SCENARIOS 39 With respect to entry, the picture looks similar: entrants with cost reducing business models will be encouraged in all policy options, provided the competitive landscape leaves room for entry (e.g. little over-capacity and little room for incumbents to lower prices in reaction to entry). Entrants with innovative but cost increasing business models will, on the other hand be discouraged by yardstick competition and the coalition agreement option. Table 4.10 Effects on innovation and entry 1 Liberalisation without regulation 3 Liberalisation & Cost yardstick 2c. BKZyardstick 2b. Cost yardstick 2a. Price yardstick Moderate Incentive for cost increasing innovation and entry 1b. One-off extension 1a. Gradual extension Incentive for cost reducing innovation and entry 3 Coalition agreement 2 Yardstick competition Very strong Strong, depending on BKZ Very strong Weak Weak, depends on BKZ Weak Strong 4.9 Organisation If all suppliers supplied only one DBC, it would be obvious that any supplier charging a price larger than the norm price would have to make a repayment. This then, would give a clear need to cut costs. If the number of DBCs per supplier increases and if DBC-prices per supplier are not perfectly correlated, revenues from ‘overpriced’ DBCs can be used to cross-subsidise DBCs that are priced below the acceptable level. Only after all opportunities for cross-subsidisation within a supplier have been exhausted, will the remaining net surplus have to be repaid. As a consequence, a supplier that fears a surcharge has an incentive to merge with a supplier that does not. For instance, imagine hospital A in a competitive region that is forced to charge average prices below the national average. Next to it is a highly specialised high quality hospital that attracts patients from all over the country and that could easily charge prices above the market average. If these two hospitals would merge or would otherwise convince the regulator to treat them as a single entity, their total profits would increase, as B’s surplus would (administratively) cross-subsidise A’s unused room for a price increase. Table 4.11 expresses this point. With respect to this, it should be noted, however, that yardstick competition intends to be transitory. If hospitals expect it to be phased out in the near future, it is doubtful whether they would embark on such organisational strategies to circumvent the regulation system. Several interviewees, however, expressed serious doubts whether yardstick competition will be phased out any time soon, once it is introduced. The policy options studied in this report seem to reveal little information about the possibilities to phase out regulation. As was shown in the previous sections, the maximum average price SEO ECONOMIC RESEARCH 40 CHAPTER 4 under yardstick competition tends to become tighter each year: under the cost yardstick this will be the result of individual cost reductions; under the price yardstick it will be the result of the mere existence of price dispersion. This means that there will always be hospitals subject to a surcharge, even if competition is working properly. In fact, as the yardstick becomes tighter the dispersion of prices or costs around the yardstick level is likely to decrease. In other words, prices or costs converge towards the average level allowed by regulation, which could erroneously be interpreted as a signal that regulation is still necessary. Thus, yardstick competition may become a self-fulfilling prophecy over time. Information about costs or prices that react to regulation therefore seems unsuitable to judge the need for regulation. Table 4.11 Perverse merging incentives 1 Liberalisation without regulation 3 Liberalisation & Cost yardstick 2c. BKZyardstick 2b. Cost yardstick None 2a. Price yardstick SEO ECONOMIC RESEARCH 1b. One-off extension 1a. Gradual extension Incentive for highpriced and low priced suppliers to merge 3 Coalition agreement 2 Yardstick competition Possible, particularly if regulation is expected to persist YARDSTICKS AND CARROTS 5 41 Conclusions and policy implications If one general conclusion can be drawn from the present analysis of the various policy options for regulation of hospital care, it will be that none of the options gets full marks on all dimensions. Price or cost yardstick competition While the price and cost yardstick competition schemes do a good job restricting market power and eliminating inefficiencies, they entail substantial administrative burdens. They can also be too ruthless with respect to perfectly justified cost or price differences, such as regional cost drivers and demand heterogeneity for hospitals. Particularly as the market becomes more competitive, both cost and price yardstick competition may become detrimental, as these regulation schemes tend to disallow quality and price differences that the market desires. Therefore, phasing out such regulation schemes should remain a clear objective upon introduction. If not, regulation that intends to be a safety net at the start, may eventually strangle the sector. Yardstick competition based on prices and costs are similar in many respects. Attractive are their general incentives for cost reduction and innovation, and their limiting effect on market power. Less attractive is the possible magnetic effect of norm prices. The proposed use of weights combined with an average DBC-price is not expected to attenuate any magnetic effect that may result. And finally, perhaps most importantly, yardstick competition tends to discourage quality enhancements if they increase costs. As long as quality information is insufficient, any liberalisation is likely reduce quality or at best give weak incentives to increase quality. When good quality information is available, liberalisation can on average be expected to lead to higher quality, but yardstick competition attenuates such incentives. Differences between the cost and the price yardstick are more subtle: • It was argued that the price yardstick will only lead to lower prices if a substantial penalty is due over surcharges. The cost yardstick does not suffer from this problem, as maximum allowed revenues depend on industry costs rather than prices. • Incentives for insurers to negotiate can be reduced in both yardstick schemes, if surcharges from a hospital were to be repaid to the insurers involved. However, only in the case of the price yardstick can this undermine the yardstick dynamics. • Both yardsticks leave room for industry wide cost increases. However, the cost yardstick does not allow for an industry wide need to increase the price cost margin due to higher risks, even though collusion is highly unlikely to drive such a process. • The administrative burdens of cost yardstick competition are substantial and larger that those of the price yardstick. Particularly, determining the industry’s costs of capital (WACC) and setting weights will be tiresome. SEO ECONOMIC RESEARCH 42 CHAPTER 5 A final drawback of both price and cost yardstick competition deserves special attention. Both regulation schemes fail to control volume effects. An increase in quantities of hospital care consumed is likely in both options (as well as under full liberalisation). And even though this is not necessarily a bad thing, it can have profound effects on the total costs of hospital care. The only policy option that adequately limits volume effects is the BKZ-yardstick. The latter may, however, lead to increased waiting lists. Liberalisation Full liberalisation gives strong incentives for negotiation, cost reduction and gives the strongest incentives for innovation and – provided quality information is available – quality increases. Moreover, it naturally allows for regional cost differences between hospitals, as well as differences in demand characteristics. It can, however, allow hospitals to abuse their market power and to cultivate their inefficiencies. As the market becomes more competitive, these drawbacks become less important and liberalisation becomes more attractive. Just like the price yardstick and the cost yardstick, liberalisation is open-ended with respect to volumes, which could lead to a significant increase of total costs. Gradual liberalisation is the weaker version of full liberalisation, both in positive and in negative terms. In addition, it entails substantial administrative costs. Coalition agreement The coalition agreement option is interpreted as a combination of partial liberalisation and cost yardstick competition. It averages the effects of these two options: on the one hand it leaves some room for market power and inefficiencies, but on the other it addresses the major part of that. The occurrence of mutual influences between the fully liberalised and the regulated compartment cannot be excluded, however. For instance, market power can be used to trade quality in the regulated compartment for prices in the liberalised compartment. The coalition agreement option gives strong incentives for cost reduction and cost-reducing innovation, but weak incentives for cost increasing (quality enhancing) innovation. In addition, it may give weak or – absent quality information – perverse incentives with respect to quality. 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