#BELHP2014 Panel 2, Potential Problems and Limits of Nudges in Health Care

[Ed. Note: On Friday, May 2 and Saturday, May 3, 2014, the Petrie-Flom Center hosted its 2014 annual conference: “Behavioral Economics, Law, and Health Policy.”  This is an installment in our series of live blog posts from the event; video will be available later in the summer on our website.]

By Matthew L Baum

In this next installment of today’s live-blogging of the conference (and with all of the caveats of live-blogging mentioned by my colleagues and my apologies for any errors or misrepresentations) we have Professors David Hyman (DH), Mark White (MW) and Andrea Freeman (AF) in a panel moderated by Glenn Cohen (GC) on the “Potential Problems and Limits of Nudges in Health Care”.

The panel began with DH, H. Ross & Helen Workman Chair in Law and Director of the Epstein Program in Health Law and Policy, University of Illinois College of Law, and a talk entitled, “what can PPACA teach us about behavioral law and economics” (Patient Protection and Affordable Care Act). DH began with the observation that nudges often work quite well… “unless they don’t”. While many nudges are “sticky”, i.e. they influence behavior in the way they were intended, others are “slippery”, i.e. they fail to influence behavior in the way they were intended. His talk set out to illustrate the phenomenon, and to pose two questions. The first was an empirical question: what makes a nudge sticky vs slippery? The second was philosophical: is it meaningful to talk about a “failed nudge” or when we do, do we really just mean failed marketing? He focused on an analysis of PPACA as a case study.

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Petrie-Flom Intern’s Weekly Round-Up, 4/18-4/25

By Chloe Reichel

This Thursday the Food and Drug Administration (FDA) proposed new regulations for the sale of e-cigarettes. These regulations would prohibit sales to minors and make health warnings on packages mandatory.

This Wednesday a law was passed in Vermont that requires the labeling of genetically modified foods. Vermont is the first state to pass such a regulation.

Estimations for state spending on Medicaid have been reduced by the Congressional Budget Office. The office is now predicting that the cost of Medicaid expansion will be $46 billion, compared with their previous estimate of $70 billion.

Researchers at King’s College London have grown human skin in the lab from stem cells. Animal rights proponents herald these developments as a potential end to testing on animals.

Sovaldi, a medication for hepatitis C that costs $1,000 for one day’s dosage, has had the most successful drug launch ever. From its FDA approval in December to March 31, its manufacturer sold $2.27 billion worth of the drug, though the drug has faced criticism for its high price.

The FDA is considering banning electrical stimulation devices, used to discourage aggressive behavior in people with disabilities. Students from the Judge Rotenberg Educational Center testified against the use of these devices, though some parents of children at the Center and administrators there defend the use of these devices.

Following an audit of Illinois Medicaid expenditures, it was found that the program paid $12 million for medical services for dead people. These findings have led some to support stricter scrutiny in determining Medicaid eligibility.

Pervasive use of pesticides and genetically modified seeds in Hawaii has led to unrest among the state’s residents. Groups have been organizing to prevent the cultivation of genetically modified crops, and in Hawaii County such a law has already been adopted.

The Neuroethics of Unintentional Memory-Modification

By Matthew L Baum

At least since the publication of the President’s Commission on Bioethics’ report in 2003, “Beyond Therapy: Biotechnology and the Pursuit of Happiness”, there has been an ongoing debate about the ethics of using drugs to modify emotional memories.  Rather than focus on the Hollywood-type total memory erasure featured in the Eternal Sunshine of the Spotless Mind, many ground the debate in the molecular neuroscience of memory reconsolidation (for an excellent overview, see here). In the process of memory reconsolidation, a newly reactivated memory triggers certain molecular events that are necessary for it to return to long-term storage; during these events, the memory is temporarily susceptible to disruption by certain drugs like the beta-blocker, propranolol. Further work with people with Post-Traumatic Stress Disorder (PTSD) suggests that using propranolol in this way doesn’t erase a memory, but may blunt the reconsolidation of the memory’s negative emotional content. In the ethical discussion, most agree that 1) it should usually be acceptable to use drugs to modify memories in cases of PTSD where the emotional content of memories becomes debilitating, but 2) the use of memory modifying drugs is usually morally problematic when the target is everyday unpleasant memories, disappointments, and rejections.

Existing debate has focused on intentional memory modification. But what about those who modify memories in these problematic ways unintentionally? Conspicuously under-discussed is the ethics of continuing to use drugs with potential memory-modifying properties for the treatment of other medical conditions. Propranolol, for example, is on the Department of Veterans Affairs (VA) National Formulary for treatment of patients with severe liver disease (liver cirrhosis). This (not-small) population of people, in theory, risks unintentionally (and pre-emptively) modifying memories every day!

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Petrie-Flom Intern’s Weekly Round-Up, 4/4-4/11

By Chloe Reichel

Following the release of information on Medicare billing practices, it was revealed that approximately 4,000 physicians each billed over $1 million in 2012. This data may shed light on medical billing procedures.

Despite a proposed 1.9 percent cut to the Medicare Advantage program, these cuts will not be implemented. On Monday the Centers for Medicare and Medicaid Services announced that funding to Medicare Advantage will increase by an average of .4 percent in 2015.

Though genetic testing is becoming cheaper and more accessible, many Americans refrain from getting tested. This is because the Genetic Information Nondiscrimination Act does not protect consumers from discrimination for life, disability, and long-term care insurance plans.

On Friday, Kathleen Sebelius, current Secretary of Health and Human Services, will resign from her role. Sebelius oversaw the oft-criticized implementation of the Affordable Care Act. Sylvia Mathews Burwell, director of the White House Office of Management and Budget, has been selected by President Obama to fill the role. Burwell served in the Clinton administration, and was president of the Walmart Foundation, prior to her work with the Obama administration.

This Thursday the European Parliament debated a petition that would prevent the allocation of EU funds for research, aid, and public health programs that involve the destruction of human embryos. The petition had 1.8 million signatures, and is seen as a sign of popular support for social conservatism.

Hawaii’s extensive health system has led to excellent health outcomes for the state’s residents and the state’s budget, since the state has some of the lowest healthcare costs in the nation. Hawaii has near-universal health insurance coverage, and starting forty years ago, has required employers to provide health benefits to their employees.

On Saturday, Maryland legislators voted to decriminalize possession of small amounts of marijuana. Those found in possession of less than 10 grams of marijuana will now be charged with civil fines, as opposed to criminal penalties.

Petrie-Flom Intern’s Weekly Round-Up, 3/28-4/4

By Chloe Reichel

In an attempt to increase transparency and accountability of Medicare, the Obama administration will release data about the services provided as a part of this program. The information will focus on the number and kind of services provided.

In the six months following the implementation of the Affordable Care Act, over seven million Americans signed up for insurance plans. These figures are in accordance with those estimated by congressional budget analysts.

Teva Pharmaceutical Industries has appealed a case to the Supreme Court about a generic form of its drug Copaxone. Teva is trying to keep their patent on the drug to prevent the manufacture of generics.

Judge David C. Bury, a federal judge in Tucson, will not stop the implementation of rules that restrict the usage of the abortion drug mifepristone in the state of Arizona. The legislation that restricted the usage of this drug went into effect on Tuesday.

On Monday, the last day for sign ups for health insurance plans under the Affordable Care Act, hundreds of thousands attempted to register for policies. The website HealthCare.gov had some glitches on this day, including a period of a few hours in which the site failed to accept applications.

The Affordable Care Act has allowed many Americans who were previously uninsured to sign up for health insurance, leading to increased usage of health services. This is creating new stresses for small health clinics, but also providing additional funds that allow these clinics to operate.

On Thursday the FDA approved a handheld antidote for painkiller overdoses. The naloxone device, made by kaleo Inc., is called Evzio.

An ethics report was recently released on the risks of long-term space travel. The report addresses physical and psychological risks associated with space travel.

Petrie-Flom Intern’s Weekly Round-Up, 3/21-3/28

By Chloe Reichel

The Hobby Lobby case that is currently before the Supreme Court may have effects far beyond the contraceptives mandate stemming from the Affordable Care Act. Other health care services and non-discrimination provisions may also be at stake.

Deadlines will be extended for people who need more time to complete their enrollment in insurance plans through HealthCare.gov. Those who apply will be given until mid-April to complete their applications.

Social media efforts led to the provision of an experimental drug to treat a young boy’s life-threatening infection. Bioethicists are now debating the ethics of this case and its implications for future social media interactions.

Due to stringent approval processes, researchers interested in studying marijuana face difficulty in attempting to do so. Despite growing interest in researching the substance, it can take years for researchers to begin their studies on marijuana.

Enrollment in health insurance policies through the Affordable Care Act reflect vast differences in the legislation’s implementation across the country. State-by-state enrollment data varies widely, and overall enrollment statistics neglect this important variation.

Tanning salons in New York are now forbidden from making claims about the health effects of their services. Previously, tanning salons in New York suggested that “sunlight prevents cancer,” a misleading statement considering the negative health effects of tanning.

Changes to Medicare’s policy manual have shifted the agency’s policies on paying for care used to maintain, rather than improve, patients’ health. Medicare will now pay for physical therapy, nursing care, and services for patients with chronic diseases.

Responding to a statewide public health crisis, Governor Deval Patrick has proposed a ban on the the opiate Zohydro. He has also suggested designating $20 million in funds for the purpose of bolstering treatment and recovery programs.