Six years after a California law was signed requiring speedier health care visits, the problems remain: a half-hour on hold, a 45-minute stint in the waiting room to see a physician, a long delay to see a specialist and weeks to get an appointment.
It looks like patients are going to have to wait longer
still: After years of discussion and several versions, the
regulation aimed at cutting the delays was finally
put together - only to be rejected recently by the powerful but obscure
Office of Administrative Law, which has to sign off
on all proposed regulations. The proposed rule hadn't been made sufficiently available for public comment,
the OAL said: It was available for 15 days, and the comment period should have been double
that.
No new timely access regulation has been drafted. State
regulators will have up to a year to put one together.
Since at least since 2004, the Department of Managed Health Care, the state
office that regulates HMOs, has been working on rules
governing the delays that patients experience when
receiving health care. The regulation itself has been
delayed: The law that authorized the regulation was approved
in 2002 and went into effect in January 2003, and participants in the discussions say they didn't really gather steam until late 2004 or early 2005.
Although seemingly simple, expediting patient visits
- the issue is known as "timely access" to regulators and health professionals alike - can be complex. That's because cutting waiting times can entail the hiring
of additional medical and office staff, capping the
times of visits, altering schedules and hours, adding
equipment, increasing specialization and other factors.
By one estimate, rules governing timely access focused
on more than three dozen individual issues ranging
from how long people wait on the telephone to the wait
to sign in.
Complexity is common to the discussions over health
care reform. But there appears to have been, at least
marginally, more of a level of agreement on timely
access than on other aspects. On four separate occasions
since December 2004, an array of health care interests jointly offered
language for the proposed regulation to the DMHC. The
signatories included representatives of the lobby and
trade groups representing California's doctors, hospitals, HMOs, dental plans and health
group physicians.
"Nobody likes to sit in a waiting room for a long time.
The doctor-patient relationship is a very important one. We are
concerned that regulations inject government into that
relationship by micromanaging the time that doctors
in medical groups spend with their patients," said Nicole Kasabian Evans, a spokeswoman for the
California Association of Health Plans, which regulates
HMOs.
The issue is as much economic as it has been medical.
"Broadly speaking, the issue of timely access is a supply
and demand issue," said Ned Wigglesworth, a spokesman for the California
Medical Association. Forcing shorter elapsed times
means that health plans will be required to hire more
doctors, because if they don't, "it results in squeezing the amount of time that everybody
has with their doctors."
"Insurers overstate their networks by saying, ‘In our network, we've got a thousand doctors,' but the reality is that not all are accepting patients," he added. "They are essentially overstating the availability of
doctors." In the doctors' view, that is the fundamental problem with timely
access proposals floated thus far, that they don't force health networks to have a sufficient level
of doctors.
The responsibility for putting together a new regulation
rests with the DMHC. There also are bills in the Legislature
dealing with timely access and related issues, including
one by Sen. Sheila Kuehl, D-Santa Monica, the head of the Senate Health Committee.
