ObamaCare Will Effectively Bar New Physician-Owned Hospitals
By DAVID HOGBERG, INVESTOR'S BUSINESS DAILY
Posted 03/24/2010 07:25 PM ET
Patients receive care in the emergency room at Jamaica Hospital in New York. Traditional hospitals hailed a provision in the new health care law that... View Enlarged Image
Because of the new health care law, Dr. John Dietz has an empty building that he's not sure what he's going to do with.
Dietz is part owner of the Indiana Orthopedic Hospital.
"It is an expansion of our hospital that is three-quarters finished; it had three operating rooms for outpatient surgery," he said. "Now it can't be used for that purpose. We'll have to figure out an alternative for it."
Dietz and his fellow investors put $27 million into that new building.
Under the new law there are a host of bureaucratic hoops that physician-owned hospitals must go through to expand.
• The hospital must apply to the Department of Health and Human Services and can do so only once every two years.
• It must then wait for a period for members of the community to provide input.
• It must be in a county where population growth is 150% of the population growth of the state in the last five years.
• Inpatient admissions must be equal to or greater than the average of such admissions in all hospitals located in the county.
• Its bed occupancy rate must be greater than the state average.
• It must be located in a state where hospital bed capacity is less than the national average.
• Once a hospital meets all of those conditions, it is prohibited from expanding more than 200%.
And they are the lucky ones. There are currently 60 to 65 physician-owned hospitals under construction. Those that aren't finished and don't have a Medicare provider number by Aug. 1 (Dec. 31 if the reconciliation bill passes) will probably never open their doors. Without a provider number, such hospitals can't treat Medicare patients, which are usually essential to financial survival.
The feud over physician-owned hospitals has been boiling for many years. The American Hospital Association, along with key lawmakers such as Rep. Pete Stark, D-Calif., Sen. Chuck Grassley, R-Iowa and Sen. Max Baucus, D-Mont., have made numerous efforts to curtail physician-owned hospitals. In 2003, Grassley won a temporary ban on new construction of these hospitals in the Medicare prescription drug bill.
License To Ill
Ellen Pryga, director of policy at the AHA, said, "The provision is a good one that will stem the tide of an entrepreneurial approach to medicine that is potentially fatal."
But Molly Sandvig, executive director of Physician Hospitals of America, argues that the new restrictions undercut the broader health care overhaul.