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The health care law's legacy

Even if the Affordable Care Act is thrown out by the Supreme Court, some changes spurred by the law are here to stay

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Timothy and David Jost.

Kai Ryssdal: Unless the justices are doing a huuuuuuge constitutional head-fake, Thursday's going to be health care day. But it turns out that whether the Supreme Court tosses the whole Affordable Care Act, upholds the whole thing, or does something in between, some of the changes it brought to American health care are here to stay.

From New Hampshire Public Radio, Dan Gorenstein reports.


Dan Gorenstein: Three years ago, David Jost was playing wiffle ball. He slid awkwardly on his left ankle. He thought, hmm, sprained ankle. Turned out it was much worse.

David Jost: My left ankle never stopped hurting. Then some months later, my wrists started hurting. Then months later, my shoulders started hurting. Then my knees and then my hips and my ankles again, even more. Yep, it's done pretty much a full circle around my body.

David and his parents saw all the local specialists -- neurologists, orthopedists, chiropractors, an acupuncturist. Nobody had answers.

Jost: It's really scary having something that just gets worse and worse and doctors can't figure out.

So the family traveled 350 miles north to the Cleveland Clinic, four different times. There, David's dad, Timothy, says they saw something they hadn't seen in a year's worth of doctor visits back home in Virginia.

Timothy Jost: Every doctor knew what the other doctors had done. He didn't have to go over everything all over again.

Timothy Jost is not just a concerned father. The Washington and Lee law professor is one of the nation's top health experts. He's worked with the Obama administration to roll out the Affordable Care Act. And he thinks what his son experienced in Cleveland, is the future for the rest of us -- no matter what happens to the health care law.

Timothy: It's a really different model of the health care system. And I think one of the hopes is that we will be able to focus more on the patient and less on generating as many procedures and tests as one can.

At the clinic, doctors work together so patients aren't tested and retested for the same problem, electronic records keep information flowing, and that cuts costs and frustration. It's all about efficiency. This kind of approach, which led to David Jost's diagnosis of celiac disease, is catching on across the country. And Dartmouth-Hitchcock Hospital in New Hampshire is one of the trailblazers.

Jim Weinstein: There's a picture on my wall right here, it's a cover of a New Yorker magazine.

Dartmouth-Hitchcock President Jim Weinstein shows me the painting; it's a glass of orange juice, about half full. I've missed the point, says Weinstein.

Weinstein: It isn't half full or half empty. It's the wrong glass. And right now we have the wrong glass for health care.

That's Weinstein's way of saying the $3 trillion health care system is broken. That the system is set up to reward more care rather than better care.

Weinstein: We could make a lot more money doing a lot more spine surgery. I am a spine surgeon. That's not where we want to be.

The federal government and some private insurers are inclined to agree. They've signed contracts and started pilot programs with hospitals like Dartmouth to pay doctors for improved health of their patients, rather than the number of procedures performed.

Weinstein: The current system and/or systems have failed. We are going to create the future, not wait for the future to happen.

Most health experts agree -- making medicine more efficient and less costly is important, but these ideas on their own aren't enough to rescue the health care system.

Michael Cannon is a health policy analyst with the conservative Cato Institute.

Michael Cannon: Every few years people come up with a new buzzword -- a new way that we are going to finally reduce the cost of health care or improve the quality of health care. But really none of these ideas, none of these ways of financing or delivering health care, is a silver bullet.

Cannon is hoping the entire Affordable Care Act will be thrown out by the Supreme Court on Thursday. But even if it is, many of the changes encouraged by the law are here to stay.

I'm Dan Gorenstein for Marketplace.

About the author

Dan Gorenstein is the senior reporter for Marketplace’s Health Desk. You can follow him on Twitter @dmgorenstein.
mamossdi's picture
mamossdi - Jun 26, 2012

This service model existed well before the Obama presidency ever began. The story fails to elaborate as to how the Affordable Care Act "encourages" the expansion of same.

Tanya.L.Taylor's picture
Tanya.L.Taylor - Jun 26, 2012

I am living with Gastroparesis. This is a life threatening digestive illness I have been surviving with for years. If doctors would have worked together, I would not have had to repeat myself for years, and perhaps the stress of trying to have someone in the medical profession believe I wasn't feeling well would not have occurred. Or perhaps not to the degree it did. I created http://www.GastroparesisAndMe.com to educate and connect others who need the support, have digestive problems with no answers, instead of one doctor after another doing a test here and there. Tests here and there, without the doctors working together creates a world of problem for those looking for answers. I've been asking for years why the doctors wouldn't discuss my case and help find answers. I was told I was a whiny woman by a doctor who loved writing for tests, but would not work with any other the drs to search for answers. Instead, I was the one blamed for acting like there was something wrong, when in the drs minds, there was nothing they could find. Perhaps by working together, brainstorming, like many of us do in the business world, they may find more answers together than this individual approach which, I know first hand, DOES NOT WORK. Those of us who Advocate for ourselves are told we are difficult. I know many others living with Gastroparesis who were told the same thing. They tested me for Celiac over and over. I have Gastroparesis, another digestive illness that destroys the entire body.

jeffcoughlin's picture
jeffcoughlin - Jun 26, 2012

I agree that the Affordable Care Act will have a lasting effect on medical care whether or not it is overturned, but when you are discussing electronic health records (EHRs), it is important to credit the American Recovery and Reinvestment Act (ARRA), President Obama's stimulus package from 2009. ARRA included a major program of Medicare and Medicaid incentives that encourage doctors and hospitals to adopt and meaningfully use EHRs. The program is becoming more successful, as a significant amount of docs and hospitals are taking advantage of the incentive payments and adopting and using EHRs in meaningful ways.