http://www.nytimes.com/2003/01/26/business/26CANC.html

Drug Sales Bring Huge Profits, and Scrutiny, to Cancer Doctors
By REED ABELSON


Among cancer doctors, it is called the chemotherapy concession. At a
time when overall spending on prescription drugs is soaring, cancer
specialists are pocketing hundreds of millions of dollars each year
by selling drugs to patients � a practice that almost no other
doctors follow. 
The cancer specialists can make huge sums � often the majority of
their practice revenue � from the difference between what they pay
for the drugs and what they charge insurers and government programs.
But some private health insurers are now studying ways to reduce
these profits, and the issue is getting close attention in Congress.
Typically, doctors give patients prescriptions for drugs that are
then filled at pharmacies. But cancer doctors, known as oncologists,
buy the chemotherapy drugs themselves, often at prices discounted by
drug manufacturers trying to sell more of their products, and then
administer them intravenously to patients in their offices. 
The practice also creates a potential conflict of interest for these
doctors, who must help patients decide whether to undergo or continue
chemotherapy if it is not proving to be effective, and which drugs to
use.
Cancer specialists have successfully resisted most government efforts
to take the drug concession away, arguing that they need the payments
to offset high costs in the rest of their practices. An attempt by
the Clinton administration to change reimbursement practices was
strongly opposed by doctors, and by George W. Bush, who was then
governor of Texas, among others. But support for change is growing,
and some changes are beginning to take place.
"This has gotten out of hand," said Dr. William C. Popik, the chief
medical officer for Aetna, which is exploring different approaches to
the concession, including taking it away in some regions.
Health insurers say they can buy these drugs much less expensively
themselves and have the drugs shipped directly to doctors' offices.
Some also want to keep better track of how the drugs are used.
Critics say the money these doctors make from selling medicine is
contributing to the nation's high health care bills and adding to the
waste and inefficiency in the health care system.
Medicare, which does not cover most prescription drugs, does pay
doctors about $6.5 billion a year for drugs they personally
administer, largely cancer drugs. Under the current system of
determining what the appropriate prices for these drugs are, the
government is paying, by some estimates, more than $1 billion over
what the drugs actually cost. Many private insurers say they are also
overpaying for these drugs. 
In some cases, patients may even be paying a much larger co-payment
for the drug than a cancer doctor is paying to buy it. Some patients
paid about $150 out of pocket for Toposar, a cancer drug, for
example, while doctors appear to have paid closer to $60 after
various discounts from Pharmacia, the manufacturer, according to the
Minnesota attorney general, who is suing Pharmacia, accusing it of
pricing fraud.
The General Accounting Office, which studied federal payments for
cancer drugs in late 2001, discovered that doctors, on average, were
able to get discounts as high as 86 percent on some drugs. Doctors
paid less than $3 for a single dose of leucovorin, for example, while
patients paid them around $3.50 out of a total reimbursement of about
$17.50. 
"We think it's a bad system that creates bad incentives that creates
bad medicine," said Robert M. Hayes, president of the Medicare Rights
Center, a consumer group, who testified before Congress last fall on
the issue. 
Dr. Thomas J. Smith, an associate professor of oncology at the
Medical College of Virginia Commonwealth University, has estimated
that oncologists in private practice typically make two-thirds of
their practice revenue from the chemotherapy concession.
The concession echoes the system in Japan, where doctors make money
by dispensing drugs. Drug spending per capita in Japan is among the
highest in the world, higher than in the United States.
"This is our little corner of Japan," said Joseph P. Newhouse, a
health policy professor at Harvard, who has been asked by the
government to look into how the Medicare reimbursement system may
affect how doctors prescribe chemotherapy.
The concession may also lead some doctors to recommend chemotherapy
when patients may not benefit. In a 2001 study of cancer patients in
Massachusetts, conducted by a team of researchers led by Dr. Ezekiel
J. Emanuel of the National Institutes of Health, the authors found
that a third of those patients received chemotherapy in the last six
months of their lives, even when their cancers were considered
unresponsive to chemotherapy. Those findings strongly suggested
overuse of chemotherapy at the end of life. 
"We know there is not all appropriate use," said Dr. John Gillespie,
medical director of Blue Cross Blue Shield of Western New York. 

But oncologists say they are only trying to respond to their
patients' wishes. And they say they need the profits from the drugs
to make up for high costs in the rest of their operations. They say
they spend enormous sums to have the facilities and employees that
enable patients to receive chemotherapy outside a hospital, under
close supervision. 
"It seems to be a wash right now," said Dr. Larry Norton, an
oncologist at Memorial Sloan-Kettering Cancer Center in New York and
a former president of the American Society of Clinical Oncology. He
and his colleagues argue that oncologists treat patients who demand
more care and therefore have higher expenses. 
 

"We're just trying to break even," Dr. Norton said. 
Oncologists also argue that patients may suffer if doctors do not buy
chemotherapy drugs directly. They point to a case in Kansas City,
Mo., in which a pharmacist was sentenced in December to 30 years in
prison for diluting chemotherapy drugs he then sold to doctors who
administered the drugs in their offices. Dr. Norton argued that the
case illustrated why he and his colleagues were worried. "Some
potential problems could arise," he said. 
The health plans, and some of the specialty pharmacies that sell to
both doctors and insurers, say this concern is unfounded. 
Earlier this month, Representative Pete Stark, Democrat of
California, introduced legislation that would slightly increase what
Medicare pays oncologists for their services but pay doctors closer
to what the drugs actually cost. The government is also looking into
how the concession is affecting prescribing patterns. 
Oncologists began selling drugs directly more than a decade ago,
after they persuaded insurers that it would be less expensive to
administer the drugs in their offices than in hospitals. This was
part of a trend of doctors' being paid much more to perform services
and treatments in their offices than in hospitals. (Some other
specialists, like urologists, also profit from chemotherapy drugs,
but they administer them only to some of their patients.)
Over the course of the 1990's, oncologists have been able to rely on
the sale of chemotherapy drugs as an important source of revenue.
They are now among the best-paid doctors, surpassing obstetricians
and general surgeons, according to data from the Medical Group
Management Association. In 2001, the median compensation for an
oncologist in a large practice was $274,000. While compensation for
specialists has increased 19 percent, on average, since 1997,
oncologists' compensation has risen slightly more than 40 percent.
Dr. Norton dismisses the notion that cancer doctors' compensation has
risen faster because of income from chemotherapy drugs. "Oncologists
are extremely busy," he said, because more people have cancer and
more treatments are available. 
But the idea that these doctors make money from the drugs worries
some. "All the evidence suggests that doctors do respond to money,"
said Dr. Susan D. Goold, an associate professor at the University of
Michigan Medical School. 
Some oncologists acknowledge that the current system creates a
perverse incentive. The potential for conflicts of interest "is
troubling," said Dr. Edward L. Braud, the president of the
Association of Community Cancer Centers, whose members treat more
than half of the nation's cancer patients.
In several prominent cases, drug companies have also been accused of
using discounts to influence doctors. For example, in the Minnesota
lawsuit, brought last year, Pharmacia is accused of having "induced
physicians to purchase its drugs, rather than competitors' drugs, by
persuading them that the wider `spread' on the defendant's drugs
would allow the physicians to receive more money, and make more of a
profit, at the expense of the Medicaid program and Medicare
beneficiaries."
Pharmacia said it could not comment because the matter was still in
litigation.
But others say doctors are solely motivated by what their patients
want � a chance, no matter how slim, of living longer or suffering
less. Dr. Norton, for one, dismissed the idea that oncologists would
be motivated to give too much care or the wrong kind, and said
undertreatment is a much greater risk. 
Some insurers are getting oncologists to forgo profits from
chemotherapy drugs, often by paying the doctors more for
administering them. While oncologists may not make as much under the
new system, and some have objected vehemently, it is "palatable,"
said Dr. Abraham Rosenberg, an oncologist in South Florida, where the
new system is prevalent. 
Last year, inspired by Florida's example, the Blue Cross Blue Shield
plan in western New York began negotiating new contracts with
oncologists. 
The UnitedHealth Group is also in discussions with doctors in New
York and expects to begin a pilot program this year. It plans to give
oncologists a choice: they can allow UnitedHealth to buy the drugs at
a lower price and pay the doctors for administering chemotherapy, or
they can accept a lower payment for the drugs if they continue to buy
them. The plan is also talking with doctors in cities including
Cleveland and Dallas.
Aetna is trying different approaches. In the Northeast, the insurer
wants to reimburse doctors at prices that are much closer to what the
doctors are actually paying, while in the Southeast and Southwest, it
is looking to buy the drugs directly. 
Richard H. Friedman, the chief executive of the MIM Corporation,
which operates a specialty pharmacy that supplies chemotherapy drugs
to doctors, predicted that the chemotherapy concession may not last.
The health plans, he said, "are all starting to take a much harder
look."



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