Schiavo Case Puts Face on Rising Medical Costs

GOP Leaders Try to Cut Spending as They Fight to Save One of Program's
Patients

By Jonathan Weisman and Ceci Connolly
Washington Post Staff Writers
Wednesday, March 23, 2005; Page A13

As Republican leaders in Congress move to trim billions of dollars from the
Medicaid health program, they are simultaneously intervening to save the
life of possibly the highest-profile Medicaid patient: Terri Schiavo.

The Schiavo case may put a human face on the problem of rising medical
costs, both at the state and federal levels. In Florida, where Gov. Jeb
Bush (R) is pushing a dramatic restructuring of the Medicaid program, the
cost of Schiavo's care has become political fodder. In Washington, where a
fight over Medicaid spending threatens to scuttle the 2006 budget plan, the
role of the program in preserving Schiavo's life is beginning to receive
attention.

"At every opportunity, [House Majority Leader] Tom DeLay has
sanctimoniously proclaimed his concern for the well-being of Terri Schiavo,
saying he is only trying to ensure she has the chance 'we all deserve,' "
the liberal Center for American Progress said in a statement Monday,
echoing complaints of Democratic lawmakers and medical ethicists. "Just
last week, DeLay marshaled a budget resolution through the House of
Representatives that would cut funding for Medicaid by at least $15
billion, threatening the quality of care for people like Terri Schiavo."

DeLay spokesman Dan Allen fired back: "The fact that they're tying a life
issue to the budget process shows just how disconnected Democrats are to
reality."

Lawyers for Schiavo's husband and guardian, Michael Schiavo, have said
repeatedly that Medicaid finances her drug costs, but it is not entirely
clear how dependent Schiavo's caregivers are on the joint federal-state
health insurance program for the poor and disabled. In 1993, Michael
Schiavo received a medical malpractice judgment of more than $750,000 in
his wife's name, according to a report by her court-appointed guardian ad
litem. The money was placed in a trust fund administered by an independent
trustee for Schiavo's care.

Michael Schiavo's lawyers have said that $40,000 to $50,000 remains.
Patient care at the Florida hospice where Schiavo lives averages about
$80,000 a year, but the hospice now pays for much of her care. For two
years, Medicaid has covered other medical costs, including prescription
drugs, the attorneys have said in published reports.

Medicaid's share of Schiavo's care "is a big chunk," said Rep. Debbie
Wasserman Schultz (D-Fla.), who until this year was involved in the case as
a state senator. "Governor Bush and President Bush are both professing deep
concern for the rights of one disabled person, yet their rhetoric doesn't
match their actions," she said.

Florida's Medicaid program is expected to cost about $14 billion this year,
with the state covering 41 percent of the budget, said Jonathan Burns,
spokesman for the state Agency for Health Care Administration. For every $1
Florida spends on Medicaid, it receives about $1.44 from the federal
government in matching funds.

The governor has proposed limiting Medicaid spending and in essence giving
each beneficiary a voucher to shop for a health plan. Advocates for the
poor and disabled contend the approach would leave the most vulnerable
without adequate coverage.

If it passes, "I guess Mrs. Schiavo or someone on her staff would have to
find a network that will take care of her for the amount of money" the
state provides, said Andrew Schneider, a Washington-based health care
consultant who specializes in Medicaid.

In Washington, House Republicans approved a budget resolution for 2006 last
week that would order $15 billion to $20 billion in Medicaid savings over
the next five years. But when Senate leaders tried to follow suit with a
budget that trimmed $14 billion from Medicaid, 52 senators balked. The
Senate and House differences over the program may jeopardize lawmakers'
ability to craft a budget this year, thus threatening all of President
Bush's cost-cutting efforts.

Ron Pollack, executive director of the health care advocacy group Families
USA, denounced the "two ironies" of the situation.

"At the same time congressional leaders were trying to keep Terri Schiavo
alive, they voted to cut the Medicaid program that keeps many millions of
people alive," he said in an interview. Jeb Bush, meanwhile, "is
grandstanding about Terri Schiavo at the same time he is pushing real hard
to place a limit on the dollars available for people's care, including care
like Terri Schiavo is receiving," he said.

Republicans say such rhetoric further complicates the unavoidable task of
controlling Medicaid's growth. "Too many people would rather resort to
scare tactics than have a constructive conversation about ways to fix the
nation's long-term budget crisis," said Gayle Osterberg, spokeswoman for
the Senate Budget Committee.

The cost of care in cases such as Schiavo's has vexed governments for
years. In 1999, then-Texas Gov. George W. Bush signed a law establishing
procedures for hospitals and physicians to withhold life-sustaining care
from patients with conditions deemed hopeless, even over relatives'
protests. The legislation affords a family 10 days' notice to find another
facility. Last week, Texas Children's Hospital in Houston invoked the law
to remove a 6-month-old boy from his breathing tube against his mother's
wishes.

It was a Republican, Rep. Steve King (Iowa), who first brought the issue of
Schiavo's Medicaid support to Washington. On the House floor Sunday, he
blasted Woodside Hospice, where Schiavo lives, for allegedly bilking
Medicaid, citing a Government Accountability Office audit that he said
ordered the company to repay $14.8 million in "inappropriately collected"
fees.

The Hospice of the Florida Suncoast Inc., which operates Woodside, was
cited in 1996 for nearly $15 million in payments for ineligible
beneficiaries and patients who may not have been terminally ill. But the
issue was Medicare charges, not Medicaid, and the investigator was the
Department of Health and Human Services' inspector general.

Mike Bell, a company spokesman, said the not-for-profit did not have to
repay any money. The investigation, which involved several hospice care
providers, "led to clarification and directions going forward," he said.

But King was making a point other Republicans have argued: that waste and
fraud can be wrung out of the Medicaid system without sacrificing patient
care -- but only if Congress gives states more flexibility.

Said Osterberg: "The reason for the budget seeking . . . administrative
modifications is to ensure the program is more efficient and financially
sound moving forward, so that beneficiaries don't have to be kicked off
down the road."

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