Survival Medicine 2: The Modified Montgomery Test

Autonomy as the First Core Ethical Principle of Prime Importance

This column will be a long and serious one. Those regular readers looking for the usual light-hearted banter and vacuous mirth and merriment that is the norm for this hobbit’s writings are well advised to come back after September.

Since the last column “The Petition”, many readers have given feedback that they liked the idea of “Survival Medicine”. This hobbit would like to continue discussing this.

In the latest and 23rd Sir Arthur Gordon Arthur Ransome Oration to the Academy of Medicine, The Honourable Chief Justice Sundaresh Menon said,

“Most theories of medical ethics recognise 4 core principles, which are reflected in the 2016 edition of the SMC’s Ethical Code and Ethical Guidelines and are described in the SMC’s 2016 Handbook on Medical Ethics as “the foundation of medical ethics.

The first is patient autonomy. This means respecting the right of the patient to choose, even (with some exceptions) when the choice seems, or is, unwise. As a corollary, this also requires a physician to supply the patient with the knowledge needed for that choice to be meaningfully exercised. The second and third principles are beneficence and non-maleficence. These require a physician to seek to maximise the good of his patients and to avoid or minimise harm. The fourth principle is justice”.

This hobbit actually looked up the SMC’s 2016 Handbook on Medical Ethics. Under the section of Pages 9 and 10 of the said section “Foundation”, the four values are listed in this order: Beneficence, Non-Maleficence, Respect for Autonomy and Justice. I think they weren’t really listed in any order of importance, but patient autonomy wasn’t listed first.

In the 2016 Ethical Code, (from pages 12 to 14), these headings are listed in this sequence: “Ensure beneficence and non-maleficence”, “Respect autonomy” and “Uphold justice”.

This hobbit, with his very limited intellect, is in no position to disagree with the Chief Justice. If autonomy is proclaimed to be the first core principle of medical ethics, then it must be. But this hobbit has a confession to make. He did not apply to medical school or want to practice medicine with “patient autonomy” as the first and foremost ethical consideration on his mind. And he will bet that most folks did not have patient autonomy on their mind when they applied for medical school too. And he will further bet that most medical school admission interviewers were NOT looking out for candidates who were primarily motivated by ensuring patient autonomy when selecting 19 year-olds for medical school. And in case anyone is wondering, this hobbit is ordinarily not a betting hobbit.

This hobbit reckons that most 19 year-olds aspired to become doctors and applied to medical school “to do good” (beneficence). With the benefit of a medical education and clinical practice, we also learn the axiom of “first, do no harm”. There is a Latin phrase for this: –  “Primum Non Nocere”. Doctors usually take pithy Latin phrases quite seriously. It is the understanding that the knowledge and armamentarium available to a doctor can also have the downside of doing harm: every drug has side-effects; every surgery has risks. So, while most doctors (or aspiring doctors) start off with beneficence as the chief motivating force, non-maleficence becomes a doctor’s guiding beacon as well, to guard against excesses and imprudent exuberance. There is always a healthy tension between these two ethical forces in most doctors: Beneficence and non-maleficence.

A few doctors also start off with social justice as their main motivating force, and sometimes you see these members of the professions setting off in public health, overseas mission work, NGO work etc.

Of course, there are unethical or materialistic doctors who see each patient encounter first and foremost as an avenue to personal financial gain. But let us leave this group out and just concentrate on ethical doctors.

Let us take a breather here and look at the SMC’s Physician’s Pledge:

“I solemnly pledge to: dedicate my life to the service of humanity;

give due respect and gratitude to my teachers;

practise my profession with conscience and dignity;

make the health of my patient my first consideration;

respect the secrets which are confided in me;

uphold the honour and noble traditions of the medical profession;

respect my colleagues as my professional brothers and sisters;

not allow the consideration of race, religion, nationality or social standing to intervene between my duty and my patient;

maintain due respect for human life;

use my medical knowledge in accordance with the laws of humanity;

comply with the provisions of the Ethical Code;

and constantly strive to add to my knowledge and skill.

I make these promises solemnly, freely and upon my honour.”

One can see that this Pledge, which has been in force since 1995, is terribly doctor-centric. It touches more on beneficence and justice than autonomy. One can argue that the references to autonomy are at best indirect and/or vague – “comply with the provisions of the Ethical Code”, “laws of humanity” or when the Pledge demands doctors to safeguard a patient’s right to privacy and confidentiality. What a shame. SMC should insert something like “Make the autonomy and health of my patient my first considerations” to be in line with what our Courts are saying.

To sum up, even though “autonomy” is one of four core ethical principles of non-maleficence, beneficence, autonomy and social justice, autonomy is seldom if ever the starting point for why a person wanted to do medicine. It is also seldom the first consideration in a doctor-patient encounter among ethical doctors. It is there because it is important, but it certainly isn’t there as a first-amongst-equals (i.e. primus inter pares) principle amongst doctors. But now that it is, and I must change and obey accordingly. If I do not change, my very professional existence may be threatened.

The Modified Montgomery Test: Balance between Autonomy and Beneficence

This is because we have to comply with the Modified Montgomery (MM) Test that the honorable five judges have come up with recently. For the avoidance of doubt, in our Common Law system, judges can make case law through judgments and such case law is binding unless it manifestly flies in the face of laws and statues passed in Parliament, of if new case law is created by judges at least as senior or more senior than the judges that created the old case law. And since the MM Test was created by five High Court Judges that included the Chief Justice himself, it will not be anytime soon that the MM test will be replaced by some new case law. Parliament can pass a law that renders the MM test illegal, but that is even a more remote possibility. So, in short, MM test is here to stay for a long, long time.

Many doctors this Hobbit has spoken to are vexed and asking if the MM test is the correct thing to do and whether the MM test is good for patients and for the practice of medicine in Singapore. These are the wrong questions to ask. The MM test is now part of case law. Case law is still law. Doctors in Singapore just have to comply with the MM test, whether you like it or not. Some of my friends have also asked me if I agree with or like the MM Test personally. That is also a wrong question to ask. The law does not require or even ask for my intellectual agreement or emotional affinity, it only demands my full compliance. And therefore, I comply. Or at least try my best to. So, let us get these unhelpful distractions out of the way. The correct question to ask is, “What is the MM test and what must I do to comply with it?”

The Judges have conveniently divided up a typical patient-doctor encounter into third parts: Diagnosis, Advice and Treatment. They took pains to explain that the MM test only applies to the part of “Advice”. They have also said the traditional Bolam and Bolitho (BB) tests still apply “with great force” to diagnosis and treatment phases of the encounter.

The rationale for this approach is that diagnosis and treatment are “doctor-centric” activities while advice has to move from doctor-centric to more a “patient-centric” position, especially with patients becoming more educated and wishing to be involved in the decision-making process. The five judges stated that professional guidelines and societal context of the UK where the Montgomery Test originated, have moved to “recognising patient autonomy as a principle of prime importance”. Singapore has “undergone the same transformation” as the UK (Para. 118).

The five judges also stated in para. 120 that “It is therefore incumbent on us to reconsider the advice aspect of the relationship through the lens of patient autonomy as well as the principle of beneficence and ensure that both principles are upheld. There must be a balance between both principles (as well a balance between the doctor’s perspective and the patient’s perspective); neither should dominate the other”.

That may be the noble aspiration of the judges, to balance autonomy and beneficence with and through the MM test. With all due respect to the honorable judges, they may have placed too much confidence on the capabilities of the average doctor in Singapore. On the ground, the average doctor will, in all likelihood, not be able walk such a fine line (tightrope?). Many will veer towards patient autonomy and not seek to strike a balance. Most psychologists will tell you that over-compensation in the face of a new, uncertain and challenging environment is the usual and therefore expected response of the human race. Doctors are only human.

One cannot argue with the logic for the MM test to be more patient-centric. However, what this really implies to me at the personal level is another matter. The Bolam-Bolitho (BB) test places beneficence and non-maleficence as the first considerations. When I see a patient and take a history, perform a physical examination, and order some tests so as to get a diagnosis, my state of mind is that of beneficence/non-maleficence (“I am trying to do good without doing unnecessary harm/take unnecessary risk”). After I have secured a diagnosis or several differential diagnoses, as it were, I now have to change gears quite abruptly to a “patient autonomy” state of mind and offer advice to the patient that is relevant to the patient’s context and I let him decide (as prescribed by the MM test). “Doing good” takes a backseat to “You, the patient, decide”. After the patient has decided, I now have to switch back to a “beneficence and non-maleficence” mental state at the treatment phase as the BB test comes back into play again and MM test no longer applies.

Let me tell you, I tried doing this and I felt my thoughts and emotions going through two rounds of mental and emotional contortions in each patient encounter. My medical training in the past didn’t quite prepare me for this roller coaster experience and I felt emotionally exhausted, even pained from the encounter. I blame this on the limited plasticity of my thought processes and a small brain that is unable to cope with the flexibility of thought processes. Or maybe I am just a mediocre doctor. But again, I stress, what I feel is irrelevant. The important thing is I must comply with the law which includes the MM test, even when I am emotionally exhausted from trying to do so.

Hence, this hobbit thinks the average doctor will just let the consideration of autonomy dominate beneficence when it comes to the advice aspect of the patient-doctor encounter.  This is already a taxing experience. To move to a higher plane of balancing beneficence and autonomy (i.e. the thinking behind the MM test) will be even more demanding. Perhaps only a great doctor can achieve this. But greatness is rather a rare commodity by any expectations. Having said that, this hobbit certainly hopes that the judges are correct, and that most doctors can balance the two core principles and comply with the MM test. And this Hobbit hopes that over-compensating a little will not amount to professional misconduct. Certainly, from the patient’s interests and perspective, a little over- is better than under-compensation.

Relevant Information and Acting on Relevant Information

The original Montgomery test referred only to risk-related information so that the patient can make an informed decision of give informed consent. The MM test in Singapore covers more. Para. 138 of the Judgment states “will include “other types of information that may be needed to enable patients to make an informed decision about their health”. The broad types of material information include those identified in the Canadian case of Dickson v Pinder [2010] ABQB 269 (“Dickson v Pinder”) as follows (at [68]):

(a)     the doctor’s diagnosis of the patient’s condition;

(b)     the prognosis of that condition with and without medical treatment;

(c)     the nature of the proposed medical treatment;

(d)     the risks associated with the proposed medical treatment; and

(e)     the alternatives to the proposed medical treatment, and the advantages and risks of those alternatives.

Para. 139 further states “As to what exactly it is about the various types of information that would be considered relevant or material, in our judgment, this is largely a matter of common sense”.

As a third-year medical student, a Professor (now Emeritus Professor) of Surgery did tell me quite succinctly that “common sense is not common”. I can only hope common sense has become commoner since then.

Delegation of Decision Making Process

Singaporeans are getting more educated and want more patient rights. That is probably true. But Singapore remains a very heterogeneous society. There remains a large group of patients, especially the older ones, who do not want to decide for themselves. Many patients everyday will tell doctors, “Talk to my spouse/son/daughter etc. I let my spouse/son/daughter decide”. Their only decision is the decision of delegation of decision-making to a loved one.

Do the same standards of MM test apply here? What if the spouse/son/daughter knows or expects something that is different from the patient? Is it going to be the patient’s perspective or the spouse/son/daughter’s perspective? Is delegation of the patient’s rights to a family member or even friend the same as a “waiver” (para. 150 of Judgment)? This hobbit doesn’t have the answers to these questions.

 MM test: Boundaries Already Creeping?

In para. 62 of the High Court Judgment issued by the Court of Three Judges in the Chia Foong Lin case on 27 June 2017, it was stated –

“When the available tests to exclude Kawasaki Disease (KD) are simple to undertake and when the consequences of no timely treatment of KD could be severe, it is not for a doctor to take chances with the well-being of a patient. If there was a need to take chances, that determination should be left for the patient (or his parents if the patient is an infant) to make on an informed basis. We struggle to understand why such exclusionary tests, which were not harmful to the Patient, were not undertaken, or why the parents of the Patient were not informed of their availability. It is here that Dr Chia badly faltered”.

It would appear here that having a patient-centric (or rather in this case, parent-centric) approach to advice given not only applies to treatment but has now also creeped into advice for investigation in order to make a diagnosis as well. Is the MM test strictly limited to advice for treatment, or advice for investigation as well? In the Judgment given by the five judges in May 2017 in Hii vs Ooi, it was stated in para. 96 “where the diagnostic method is routine, non-invasive and risk-free (as in the case of the measuring of body temperature or blood pressure)”, the MM test need not be applied.

So, if you read the two judgments, one could ask: – does the MM test apply to the decision to order “unharmful” blood tests or not? Is the reach of the MM test creeping further already than originally intended? Was Dr Chia guilty of professional misconduct because she omitted ordering the test, or because she did not give advice to the parents so that the parents can make an informed decision whether to have the test or not? Or does the BB test continue to “apply with great force in the diagnostic context” (para. 101) ? This hobbit also doesn’t have the answer to these questions either.

To be on the safe side, this hobbit will be applying the MM Test to all information transfers from doctor to patient, whether the information is for treatment or just ordering an “unharmful” blood test. The patient will have to decide on an informed basis whether he wants a “unharmful” test or not. This change in practice has become an essential part of my Survival Medicine toolkit.

National Electronic Health Record (NEHR)

We move onto something that has happened in the public sector and which will possibly affect doctors in the private sector as well

There is a lot of talk that participation in the National Electronic Health Record (NEHR) will be made a requirement for clinic licensing. In other words, participation in NEHR by hospitals, clinics and doctors will be made compulsory.

The doctor therefore will soon have access to years and years of patient information that may be relevant to the stipulation of the MM test that “other types of information that may be needed to enable patients to make an informed decision about their health” should be given to the patient.

Problems arise when a doctor misses out on information in the NEHR that was recorded a long time ago. Is the doctor truly responsible for taking into account the whole NEHR of the patient from birth till today so as to tailor-make relevant advice for every patient so that the patient can “informed decision”? Is this humanly possible given the constraints of time, resources and simple human frailty?

The MM test more or less says that the doctor is not responsible for not taking into account information if the patient doesn’t give the information to the doctor, and especially if the doctor has made some effort to elicit such information. But does this afford the doctor significant protection when almost all information is already in the NEHR and the NEHR is readily available to all doctors? Must the patient still give the information when the physical consultation takes place? Would the doctor be held liable because of the extensive coverage of the NEHR? The prospect of being guilty of professional misconduct because the doctor missed out on a relevant morsel of information in the cavernous repository that is the NEHR is real and possibly quite alarming.

Defensive Medicine

The judges have opined that MM test will not lead to defensive medicine. No one can really predict the future with 100% accuracy, but this hobbit hopes that the judges are correct. As this hobbit has said in a previous column, the hobbit doesn’t really know what is defensive medicine. The hobbit has to practise “survival medicine” so as to NOT run afoul of SMC requirements and the law and stay registered as a doctor.

 

Resources Required

The first likely consequence of the MM test is that advice (and consent-taking) will take a much longer time than in the previous BB test era. A professional’s time is a precious resource, be it for a doctor, accountant or lawyer. So, appropriate fees have to be charged to reflect the time and resources spent. With the extensive work that the MM Test requires, this hobbit wonders if consent-taking should be made a separate long consultation by itself and therefore is chargeable as a separate encounter between the doctor and the patient?

Since we are on the subject of resources, the private sector actually has it better. The private sector can readily adjust prices or turn away work so as to give each patient better attention and more time so that advice given can be compliant with the MM test.

The public sector will find this more difficult. They can neither turn away work or readily titrate work volume using the price mechanism, since most of their work involves subsidised patients. The end result is that either waiting and appointment times have to lengthen or the system has to employ more doctors. In the distant past, the public  sector can cut some corners, e.g. use junior staff to perform tasks like advice and consent taking. But this is no longer possible, because from another core ethical principle of justice, private and public sector patients must be accorded the same level of protection under the MM test.

Another consideration is that public sectors doctors usually know their patients less well than the private sector. Many patients see different doctors over time, especially in the subsidised classes, and so the chances of missing out on relevant information about the patient is higher, while the MM test demands that the doctor give advice in the context and from the perspective of the patient. You cannot give the right advice when you do not even notice the relevant information. Basically, the MM test requires less effort on the part of the doctor, when there is good continuity of care with the same doctor, which is hardly possible in the public sector due to training and service imperatives.

My Way Forward (Which may not be yours….)

I do not profess to have the solution or “model answer” to complying fully with the MM test. But I shall share with you what I think will work for me to the best of my limited abilities.

The MM test is divided into three parts. This hobbit suggests that advice-giving itself could also be divided into three parts:

  1. Advice to the Reasonable Patient
  2. Advice arising from information from past medical records
  3. Advice arising from information actively obtained from current encounter

The first part deals with a doctor-centric model of the “Reasonable Patient”. The reasonable patent is an artificial legal/ethical construct that does not exist physically. In the BB test era, as long as the doctor gives advice sufficient for “the reasonable patient”, he is absolved of wrong doing. Here, I think standard forms can be designed and used as a checklist to aid both the doctor and patient when the doctor gives advice, especially for common procedures such as a colonoscopy, TURP, removal of breast lump etc.

The second part deals with information that can be gleaned from the patients’ records, such as the NEHR. This is where perhaps Artificial Intelligence (AI) Tools can be designed to automatically screen a patient’s electronic record to highlight relevant and important information for both patient and doctor. I think an AI Tool will be far less error-prone than a doctor scrolling and reading a voluminous patient record quickly. But for now, we still have to just go through the past medical records manually and look for aspects that we think from the patient’s perspective will affect our advice-giving, those aspects that happen to be more than what is required by the hypothetical Reasonable Patient.

In giving advice, both doctor and patient should sign off the standard forms and AI-highlighted information and the advice that is consequently given.

The third part involves the doctor actively eliciting information that is not expected of the reasonable patient or highlighted from the patient’s electronic records and giving relevant advice from the information obtained in the second phase. The doctor can and should ask the patient, “Is there any other information you want to tell me that I already do not know from your past medical records that you think may affect my advice to you from your perspective?”

On top of this, an audio recording, with the patient giving consent to the recording, of the entire three-part advice-giving process should be made. The patient’s decision to give consent or not to an audio recording should be duly documented and acknowledged by the patient in writing (a simple signature in a simple form would suffice, I suppose).

If the patient refuses to even acknowledge in writing that he refused giving consent to making an audio recording, then the doctor can always refuse to carry on with the doctor-patient relationship and stop the consultation in non-emergency situations. (The MM test only applies to non-emergency situations anyway).

I am not advocating this approach to anyone, but it is my personal “best effort” response to complying with the MM test now – which is to make an audio recording. It is useful for both the patient and the doctor when a dispute arises.

Survival Medicine in the Era of MM Test, New SMC ECEG/HME and Deterrent Sentences

Let us now return to Survival Medicine, which is what this Hobbit is trying to achieve to ensure his professional survival. Recently, three unrelated events collectively have affected me greatly.

The first is the new 2016 ECEG and HME which has been in force since 2017. The new ECEG is 65 pages long and the HME is 155 pages long. That’s 220 pages in total and multiples in length of the last version. All doctors must comply with the ECEG. All doctors must also comply with the HME as well, or be prepared to give good reasons why they cannot (and that is not going to be easy). This weighs heavily on this hobbit’s mind – the sheer bulk, comprehensiveness of the ECEG and HME. It’s tough reading going through both documents, and complying with them is even tougher. When the prosecution lawyers “throw the book” at you today when they draft their charge(s), you can bet there is a lot more book to throw at you, 220 pages of book to be exact.

The second is the MM test. The MM test is described in the Judgement on Hii Chii Kok vs Ooi Peng Jin London Lucien dated 12 May 2017 and is over 100 pages long. Every doctor should read this document. It is not easy reading, but essential reading. Some of the implications of the MM test have been described above. Suffice to say that the MM test demands a lot more effort from doctors, because doctors now do not have to just give advice that is relevant to the reasonable patient, but information that pertains to the particular patient’s circumstances and perspective that the doctor should have known.

The third is a little lesser known. It is a High Court judgment delivered on 25 July 2016 on the case of SMC vs Wong Him Choon.

In Para 117 it is stated:

“As can be seen from Lee Kim Kwong and Kwan Kah Yee, we have on at least one previous occasion referred to and, on another, exercised our discretion to depart from precedents that do not reflect the prevailing circumstances and state of medical practice. In our judgment, public interest considerations weigh heavily in imposing deterrent sentences on errant doctors who are found guilty of professional misconduct. In this regard, we expressed at the hearing that we found the sentences imposed in the Dr K case, Dr L case and Dr Amaldoss case (“the Relevant Precedents”) to be lenient. We observed without reservation that these sentences should have in fact been longer. We highlighted to the parties that this court has given fair notice of its intention to recalibrate sentences across professional misconduct cases, and would do so in the present case”.

In other words, in many cases, doctors can expect to face more severe punishments than in the past should they be guilty of professional misconduct, especially in cases where public interest is involved.

Personal Survival Medicine

I cannot claim to speak for anyone but myself, but I do feel anxious about the current and future practicing environment. When I ask questions about certain aspects of the MM test to lawyers, many of the answers come back as “We are not sure, this has not been tested in the Courts yet. We have to wait for the first case”. There is uncertainty in both medical and legal work (The Honourable Chief Justice made this point as well, in the aforesaid Ransome Oration), and we have to accept that.

But still, it is hardly reassuring. I know doctors who would rather have a purulent abscess in his buttocks before he wants to be a test case for the SMC or Courts. An abscess you can drain and treat over a few days; a test case can last for months if not years.

So, again, my response is to practise Survival Medicine: be safe, rather than sorry. I am prepared to over-compensate a little out of prudence.

Is that defensive medicine? Like I said, I do not know what is defensive medicine. I just know I need to practise survival medicine. I need to survive.

 

The Petition

Let’s cut to the chase: more than 1000 doctors signed a petition for a fellow doctor. That’s serious business. 1000 highly individualistic and opinionated doctors. Normally, it is hard to even get three doctors to agree on anything like what to eat for lunch, let alone 1000 on something so complex. And the 1000 included more than a 100 paediatricians. So, history has been made, in a way that well, may well unsettle a few people, as it was meant to be, this Hobbit supposes.

Yes, we are talking about the unsuccessful appeal of Dr Chia Foong Lin to the Court of Three Judges against a SMC judgment and the petition that followed which was signed by more than 1000 doctors.

The petition to MOH stated, “We respect the judgement but we strongly feel the punishment was too harsh”.

The background of the case was that a one year-old child was seen by Dr Chia four times and Dr Chia did not manage to diagnose Kawasaki Disease (KD) on no less than 4 (follow-up) occasions and did not do the necessary investigations to exclude or diagnose KD.

Para. 37 of the Grounds of Decision by the Disciplinary Tribunal (DT) stated “Given the clinical presentations of the Patient and the significant risks of adverse and severe consequences resulting from delayed or missed diagnosis of KD, it would be reasonably expected of the Respondent to order such tests during the course of the Patent’s hospitalisation at Gleneagles Hospital. The Tribunal was of the view that such a failure amounted to a serious negligence on the part of the Respondent”. KD is while not extremely rare, is also not a common disease in Singapore. About 50 to 80 cases are diagnosed in Singapore each year, going by estimates.

Having read the Ground of Decision by the DT and the Judgment by the Three Judges, this Hobbit feels that the management of the patient by Dr Chia was indeed suboptimal. There are a few legal tests and standards in force today in Singapore – the Bolam Test, the Bolito Addendum and now the Modified Montgomery Test are used to see if a doctor is guilty of professional misconduct.

The Hobbit, being totally untrained in the law and also congenitally stupid, uses a simpler test – it’s called the MBBS Final Exam test. If this patient was a long case in the MBBS Finals, would I have passed the final-year student and unleash him to be a house officer had he behaved the way the doctor did?

The short answer is probably “no”. If you are a particularly merciful examiner, you would have at best given a borderline pass to this student. This standard or test would apply to medical officers and GPs. But since this case actually involved a paediatric specialist, the answer is still “no” (held to a higher standard than a final year student taking MBBS final exams or a GP). That’s why specialists are called specialists and are better paid than GPs and medical officers.

But would that alone warrant a 3-month suspension? This Hobbit suspects this is the biggest question that is on the minds of most of the 1000 doctors that signed the petition. This Hobbit doesn’t think it warrants a 3-month suspension either. Maybe a censure and a fine or even a shorter suspension period of say, 2 weeks.

But wait, the Medical Registration Act (MRA) which empowers the SMC DT, doesn’t allow for anything less than 3 months [section 53(2) of the MRA allows for suspension of “not less than 3 months and not more than 3 years”].

This is the problem. And it has been noted to be so since 2011. But nobody who could amend the law did anything about it. Here are the facts: In another unsuccessful appeal case involving Dr Eu Kong Weng against the SMC in 2011, the Three Judges (which included the then Chief Justice) wrote in their Judgement

“We agree that a suspension is called for, and if we had the discretion, we would have imposed a shorter period of suspension. However, the law does not allow us to do that as the 3-month suspension is the minimum mandated by s 45(2)(b) of the Act”.

So, despite the Judges’ statements in 2011 which is on public record, nothing has changed since then. The law was not amended. If a doctor is suspended, it is for at least 3 months. It is noteworthy that in the Grounds for Decision for Dr Chia’s case, the DT did state in para. 65 “Accordingly, the Tribunal ordered that the Respondent be suspended for the minimum period prescribed by law” (emphasis mine). Had the law allowed for a lower minimum period of say, 2 weeks, would the Tribunal have also given the minimum period? And would 1000 doctors have signed the petition if the suspension was just for 2 weeks? All these are of course, speculative and we will never know the answer.

The other issue is with the conviction itself. Many doctors (as does this Hobbit) believed that Dr Chia committed what was essentially cognitive errors which led to suboptimal management of the patient. Should cognitive errors be classified as “serious negligence”? And since there is serious negligence, by logical inference, there must be “non-serious” negligence. This hobbit’s reading of the Grounds of Decision is that Dr Chia had at least 4 occasions to follow up and diagnose or exclude the differential of KD, which she did not. This is regrettable. But a few questions remain:

  • When does cognitive error cross over from “non-serious” negligence to “serious” negligence? What is the legal test for this, to separate the two groups of negligence?
  • Do all cognitive errors equate to serious negligence?
  • Does the disciplinary and appeal process involving the Complaints Committee, DT and Court of Three Judges even recognise this concept of cognitive error?
  • Of even more fundamental importance, is there any room for the realm of honest mistakes, of which cognitive errors is a subset of?

A secondary issue with this case is that of expert witnesses. Expert witnesses called by both sides were noted to be “eminently qualified”, “knowledgeable and objective”.  But the DT preferred the opinion of the expert witness from SMC in the end. The DT noted that the Respondent’s (i.e. the doctor’s) expert witness “took a more sympathetic and charitable view of the case at hand”.

This is a tough one. If an expert was abhorrent of what the doctor had done and was not at least mildly sympathetic and charitable, would the expert even agree to be an expert witness for the defending doctor in the first place? So, if being sympathetic and charitable discounts the expert’s witness weight in the eyes of the DT, then the doctor and his expert witness is already always off to a bad start.

Finally, what are the take-home messages from this case for the doctors on the ground seeing many patients every day? Here’s a few:

  • Investigate and exclude differentials promptly, especially differentials with potentially serious complications, as in KD with cardiac complications.
  • Repeated cognitive errors or repeated honest mistakes may amount to serious negligence.
  • We don’t really know what differentiates non-serious and serious negligence. Better err on the side of caution
  • The fact that the patient did NOT suffer any long-term complications (because the child was diagnosed and treated with intravenous immunoglobulin by another paediatrician a few days later) is NOT a mitigating factor.

Does this mean this Hobbit is advocating defensive medicine? Actually, I am not sure what is defensive and non-defensive medicine. It’s better to say this Hobbit advocates practising “survival medicine”. If my registration as a medical practitioner doesn’t survive, all other points are moot. So first and foremost, if I am to do any further good as a doctor in this country or just put bread on the table, I must first remain a registered medical practitioner. Being unregistered, temporarily or otherwise, is no good at all. Therefore, I just have to do what it takes to stay registered.

 

 

Black Hole Trek: Into Darkness

SMC’s new requirements on doctors with regard to Third Party Administrators (TPAs) are finally in force. But not before some frantic and often bewildering announcements by many stakeholders; including the SMC, the three professional bodies (PBs) and of course, the TPAs themselves.

Many of the TPAs announced some new charging system that did not involve percentages but in fact, still looked like they were fee-splitting, thereby undermining the spirit and substance of the new SMC requirements. Of course, SMC had to respond with a last-minute Advisory and the three PBs also then added in their bit to remind doctors. Finally, several TPAs then responded with a literally last-gasp amendment to the charges and contracts they were offering doctors. A handful of TPAs were issuing new charging schedules on as late as 30 June 2017 – the eve of the new SMC requirements’ implementation.

All these last-minute jostling and positioning maneuvers underlined several hard truths which this Hobbit would like to point out now (and not earlier, as we all have just recovered from brain-freeze and acute attack of attention deficit arising from the FamiLEE saga):

  • TPAs’ primary reason for existence is to maximise profits (like any other commercial entity)
  • There is much ambiguity in the SMC requirements.
  • Indirect regulation of TPAs via SMC is highly unsatisfactory

The first point is obvious. That’s why many TPAs, while removing percentages from the schedules, actually charged more from the doctors and also allowed the doctors to raise their fees. They are there to maximise profits first, then try and save money for their corporate and insurance clients. Nothing wrong with that. But we need to recognise this. TPAs exist to maximise shareholder value (which usually means maximise profits).

The second point is TPAs were prepared to protect or even enhance their margins by eliminating percentages from the charging schedule, but in essence, they were trying to get doctors to skirt the fundamental intent of SMC requirements – which is to prohibit fee-splitting. In the first instance, almost none of the TPAs gave any detailed justification as to how their charges were arrived at on a cost-plus basis. If they gave, it was only the barest and skimpiest one or two-liner justifications.

Some of the TPAs made assurances that actually meant little to the doctors. They told doctors they had consulted their lawyers and their lawyers had assured them their fee schedules were in-line with SMC requirements. The interpreter of any SMC requirement are the Complaints Committee and Disciplinary Tribunals of SMC. The FINAL interpreter of SMC requirements is the Court of Three Judges. If I get hauled up to a SMC Disciplinary Tribunal and get suspended for three to six months, is the TPA going to indemnify me for my loss of earnings, legal costs etc? Not to mention my loss of professional reputation and emotional suffering? Remember, a company can indemnify you for civil damages, but it cannot (and should not) indemnify you financially for the consequences of SMC disciplinary proceedings that are “quasi-criminal” in nature. So as far as this hobbit is concerned, whatever the TPAs’ lawyers said to the TPAs is not worth very much to me unless I am given a copy of the lawyer’s advice in writing. And even then, what redress can I get from the lawyers? They are the TPA’s lawyers, not mine. The lawyers owe a professional duty to the TPA, not me.

This whole episode of last-minute and frantic issuance of advisories and TPA fee schedules and contracts reflects the painful fact that SMC is NOT the correct body to regulate TPA activities and TPAs should be directly licensed and regulated as healthcare institutions. And this hobbit is still wondering why the authorities are so reluctant to do so.

The full weight and risk of this approach of indirect TPA regulation now falls on the doctors and not the TPAs themselves. The uncertainty of SMC’s new requirements, and hence regulatory risk, falls on the doctor, not the TPA. That is why the TPA is willing to take risk by issuing fee schedules that followed the letter but not the substance of SMC’s requirements initially. If the doctor gets hung, the TPA still gets away scot-free (unless the TPA is run by a doctor). It is an unfair playing field manifestly. A simple principle of regulation is that the party who gets the most benefit should be the one that gets punished most severely, but all parties that benefit should be punished. This is the approach taken by MAS (Monetary Authority of Singapore) when they punish both the rogue bankers and the bank if there are money-laundering activities. This was well put by the Managing Director of MAS, Mr Ravi Menon, recently.

But if you take the example of TPA, there is nothing remotely close to this level of thinking. The doctor may get punished severely by SMC, then the TPA changes the way it charges. But can anyone fine or suspend a TPA? Probably not. Who gets the money? Yes, the doctor, but also the TPA. The regulatory risk and downside is fully loaded onto the doctor. TPA – practically ZERO.

Politically it also doesn’t make sense (And this hobbit doesn’t make any comments about politics usually, but he will make an exception here). If the authorities regulate TPAs, they may just displease a few folks who own and operate TPAs. The current regime of loading 100% regulatory risk onto doctors probably irritates and angers thousands of doctors. So the political math just doesn’t add up either.

If you think this is bad, well, things just got worse and darker. We now move into the area of  medical concierge. We are going into pure darkness here. There is no light. We are into the stuff of black holes.

Firstly, medical concierges are not new. They have existed for a long time and there is a role for them, especially for foreigners trying to get medical care here. They help foreign patients find the right doctor, book air-tickets, hotels, service apartments and conduct other support activities etc. They may charge the doctors and/or the patients.

But two new developments have led to a new phenomenon – medical concierges for local patients! One must wonder why would a local need medical concierges since Singapore is so small and connected.

These new developments are:

  • Dwindling number of rich foreign patients, due to our high costs and charges in the private sector
  • As-charged Integrated-Shield Plans (IPs) (especially those with first-dollar coverage riders)

In the recent past, many of these medical concierges were actually insurance agents. Insurance agents are regulated by the authorities through the regulation of insurance companies (“insurers”). These insurance agents/medical concierges were referring patients to specialists and asking for a percentage-based admin fee, not very much unlike what TPAs were doing.

The authorities then reminded these insurers that their agents CANNOT take a fee for such activities. The agents can get paid commissions when insurance policies are bought and premiums paid, but certainly not for referring patients for episodic care.

So the insurance agents stopped doing so, which is good. But then some agents realised “hey, healthcare fee-splitting for referrals is better business than selling policies!”. Quite a few of them promptly left the insurance industry. They are now full-time medical concierges and no more insurance agents. Medical concierges are completely unregulated.

Apparently, these concierges can demand up to 25% of the doctor’s and hospital bills as admin fees. For example, for one inpatient episode: professional fees may be $10,000 and hospital portion is another $10,000. Total: $20,000. The concierge will ask for 25% which is $5,000. This amount may be split between the hospital and the doctor, or more often than not, paid fully by the doctor (i.e. Out of the $10,000 professional fees portion, the doctor takes $5,000 and splits the other $5,000 with the concierge).

The concierge, who is no longer an insurance agent, may work with his former colleagues in the insurance industry to get a steady stream of patients who bought IPs. The specialist bumps up the professional bills to cover the admin fee, knowing that for IPs that have first dollar coverage and as-charged riders, the insurers will pay what is charged. The patient doesn’t feel the financial pain, the concierge gets paid and the doctor gets paid for work. Nobody gets hurt ostensibly (except the insurer).

Where does the admin fee go to? This hobbit hopes that it only goes to the medical concierge. But if one is intellectually honest, one cannot exclude the mathematical possibilities that the admin fees can also go to the insurance agent and/or the patient, in terms of cold hard cash or just a good meal or even a few cans of abalone or bird’s nest. You never know.

These medical concierges here are also acting as one-man TPAs essentially. They are even more difficult to track than the usual TPAs which are companies. This hobbit is told that several concierges are behaving haughtily in the private hospitals because they bring so much business to them. They are not to be messed around with.

How should the authorities address this new front of medical concierges benefiting from local patients with Integrated-Shield Plans? Should SMC now issue advisories on medical concierges?

Frankly, the answers are obvious. But it is not for this hobbit to say them here.

It’s getting really dark, and maybe it’s time for this hobbit to take Flight NCC 1701 to the Undying Realms.

Do not kid ourselves……

Mr Toh Han Li, CEO of Competition of Commission of Singapore (CCS) recently said “High prices in itself is not an infringement of the Competition Act…. we are not a price regulator. But it’s important to understand the reasons behind high prices.”

“Sometimes there are situations where players in the market may not have infringed the law, but there are some features in that market which are not making it work as well as it should be and I think the formula milk study is a good example.”

This was reported in The Straits Times on 5 June 2017. The CCS exists to ensure there is competition. But to the average person in the street, having competition is not an end in itself. Prices are. Yes, more competition usually leads to lower prices. But the key word here is ‘usually’. In many cases, it does not. There is no evidence yet that there is collusion or anticompetitive behavior in the milk powder business in Singapore. It appears all that has happened is that several milk powder brands have tried to improve their branding and position themselves as premium products so as to charge higher prices. There is nothing wrong with that. Singapore Airlines has been doing that for decades, and therefore commands premium pricing. Why can’t milk powder companies do the same?

But while this may intellectually satisfy people who dwell on economic calisthenics, the common folk are interested mainly in prices of products and services.

The same applies to healthcare, While the intellectuals and “competitionists” may scream with indignation that SMA’s Guidelines of Fees (GOF) were anticompetitive and hence rightly abolished, experience has shown that private sector prices have risen much faster since 2007 (when the GOF was withdrawn) when compared to the 10 or 20 years when GOF existed. And it is not just the professional fees, but hospital charges as well. Some reckon that private sector bill sizes (professional fees and hospital charges) have risen by about two to three times since 2007.

So where does this leave us? Higher and higher prices spiraling quite out of control, for one. And naturally, a less and less competitive private healthcare sector. It’s quite ironic isn’t it? The GOF was removed to spur competition but instead led to higher and higher prices rendering the sector uncompetitive as a regional healthcare hub. It is no secret that our private hospitals and specialists depend more and more on local patients with integrated shield plans and private healthcare insurance to sustain their earnings while the number of foreign patients continue to drop as a percentage of total patients seen by individual specialists and private hospitals.

Speaking of earnings, it is now time to talk about earnings of doctors vis a vis Third Party Administrators (TPAs). The new SMC requirements for doctors working with TPAs come into effect in days, from 1 July 2017 to be exact.

As expected, all the TPAs this Hobbit knows about have moved away from percentages. Because the guidance from SMC and the Three Professional Bodies (3PBs) was specific – A fixed fee is better and percentages should be avoided. So there are no percentages in the new TPA contracts offered.

But that’s where the good news ends. Many TPAs have taken the opportunity to raise their charges so that doctors have to pay even more to the TPAs. And many TPAs have missed the woods for the trees, or perhaps they have deliberately followed the letter of the law so to speak, but are still making doctors contravene SMC requirements in spirit and soul.

Time for a friendly recap –

Guideline H3(7) of the SMC Ethical Code and Ethical Guidelines (ECEG) states:

  1. the quantum of administrative fee should “reflect their (i.e. TPAs’) actual work in handling and processing the patients”
  2. “not be based primarily on the services you provide or the fees you collect”
  3. “not be so high as to constitute “fee splitting” or “fee sharing” or which render you unable to provide the required standard of care”,
  4. “If you pass on such fees to patients, you must disclose this to your patients”.

Here are some examples. One TPA has said it will charge $100 for a Table 1 operation and this goes up by between $100 to $200 per table until it reaches $1000 for Table 6B or above.

Of course, there is no mention of percentages. But doesn’t it smell like it’s still “based primarily on the services you (i.e. the Doctor) provide or the fees you collect”? The TPA does not explain in any detail how the resources and effort spent by the TPA to process a Table 1 procedure goes up by 10 times when it comes to a Table 7 procedure.

Apparently, there was another example whereby a repeat consultation charge by the doctor was $45. The TPA wanted to charge $40 with effect from 1 July, which leaves the specialist with $5!. Naturally, many doctors quit and the TPA had no choice but to revise their charges. But for discussion’s sake, had the doctors not quit and the TPA persisted in charging $40 out of $45, would this not amount to “so high as to constitute fee splitting”?

But nonetheless, the $45 charge-limit remains (and it is $70 for a first consultation). These charges are considerably lower than what the Restructured Hospitals charges for an unsubsidised patient. Which means to cover costs, the specialist has to prescribe drugs and order tests to breakeven (“over-servicing”) – This is the slippery slope that no one talks about.

The mathematics of this is quite easy. A specialist hopefully sees 200 to 300 outpatients a month or 8 to 10 patients a day (25 working days a month and many do not see this number). His rental can range from 10K to 25K a month (depending on whether he shares the unit or not with another specialist). His manpower and other costs come up to at least 15K a month. In other words, his fixed cost (conservatively) is at least 25K a month. It could well be as high as $40 to $50K a month. Let’s say his fixed costs is a modest $25K a month and he sees 250 patients, the cost per patient is about $100 a month, way more than the $70 or $45 for first and repeat consultation this TPA is paying. To make sure he doesn’t lose money from seeing patients from this TPA, the specialist needs to order (maybe unnecessary) investigation treatment to cover costs. And in case you haven’t noticed, he hasn’t even paid himself anything to see this TPA patient!! The $100 fixed cost per patient does not include his own pay!

This phenomenon arises because in trying to secure a particular contract, the TPA has to quote a very low consultation fee. The HR manager or insurance company staff is not wise enough to know that the consultation fee is so low and the TPA charges are so high such that in the end, the scheme is not sustainable unless the patient is over-serviced. In other words, the scheme renders the doctor “unable to provide the required standard of care” – the standard could well be a consultation without ordering investigations or treatment.

It’s a sad state of affairs that is not likely to go away anytime soon even though the new SMC requirements will come into force on 1 July. This is mainly due to four factors:

  • Subtle over-servicing is very difficult to prove.
  • Lay people are still interested only in (quoted) price (HR managers and Insurance companies who sign up with TPA)
  • TPAs only take money from doctors and not from insurance companies or employers
  • The authorities are unwilling to regulate TPAs directly and wish to influence them indirectly through the SMC and doctors

The last two points are peculiar to Singapore and hence very important. In most countries, TPAs charge insurance companies and employers as well and not only doctors for TPA services. In Singapore, almost all of a TPA’s revenues comes from the doctors paying them. Obviously, as previously described, there is a strong degree of moral hazard to such one-sided arrangements.

But the biggest problem of all is that at the end of the day, TPAs are unregulated. The common argument is that TPA charges are not a public health or patient safety issue. But if a private sector specialist is only paid $45 or $70 ($60 after TPA fee deduction) for consultation, way below what the restructured hospitals charge (and the same principle applies to GPs and Polyclinics), this will inevitably lead either to over-servicing or poor quality of care- isn’t this already a public health or patient safety issue?

The new fee arrangements proffered by many TPAs clearly demonstrates that TPAs are hell-bent on keeping their profits and margins while paying a cosmetic observance to the new SMC requirements. Doctors are still (if not more) exposed to these new and probably unethical fee arrangements. The attempt to influence TPA behavior through SMC guidelines has not borne real fruit, only the most annoying of obsequious superficialities. One wise gynaecologist compared this approach to a “trans-rectal THBSO” (i.e. theoretically can be done, but hardly the correct or best approach). In short, this approach failed miserably.

Let’s not kid anybody, “no percentages” does not mean there is no fee-splitting. “No percentages” also does not mean that the charges are not “primarily based on the services you provide or the fees you collect”. Let’s not smother ourselves in flaky semantics.

May Musings

As this hobbit writes this column, the world is agog with stories of cyber-attacks crippling services and companies. One of the worst hit is the British NHS. How important is the NHS? If you would be let to believe, the British, in a poll a few years back consider the creation of NHS to be more important than the defeat of Germany in World War 2. So crippling the NHS is a big deal.

The underlying problem is really that of over-optimisation. In a bid to optimise the operations of the NHS, patient records were all made electronic and centralised. That made it ripe for a mighty cyber-attack. It’s the phenomenon of “optimisation to vulnerability”. One cannot escape this phenomenon. It is a trade-off. The question is whether society is waiting to make this trade-off. In Singapore, this question has not been asked. At least not in the arena of a national electronic medical record.

The techies and IT guys do not usually mention this trade-off. They just want to digitalise everything and put it on the cloud, and everyone lives happily ever after. Well, life is not like that, as the UK and NHS are now finding out.

Also, IT is unique in that the IT guys who designed and then operate the system or software are seldom if ever held liable for cyber-attacks. This is in contrast to other disciplines or commercial activity. A company can be sued for designing or manufacturing a car badly or even just a car airbag badly. In contrast, no one has sued an IT firm for lousy software that is easily attacked and crippled.

So to the guys who are rushing to promote some national software or clinical records under the banner of optimisation of healthcare, let the current NHS incident be a warning to them. Especially to the policy wonks who do not really understand what’s happening on the ground. There is some merit still to having dispersed repositories of medical records as a risk management tool as opposed to putting everything in one big virtual cloud. Centralise (“Cloud-ize”?), optimise and digitize comes with risk and consequences. And the more you do so, the greater the risk and consequences.

In the meantime, horror stories of newly minted specialists unable to secure jobs continue to come in to Hobbit Central. Many have been told they will be offered contracts to continue as resident physicians with terms no better than what senior residents get even though they are now fully qualified and registered by the state as Specialists.

On top of that, in response to the glut of residents exiting specialist training, many hospitals are cutting back drastically on the number of new residents they are taking in. This hobbit was told in a certain discipline, the number of residency places being offered has gone down from 12 a few years ago to now 1 or 2 residents.

Obviously, this boom and bust phenomenon is not making anyone happy. The older exiting residents who cannot get a decent Associate Consultant post or the house officers and junior medical officers seeking specialist training are equally miserable and frustrated.

Some disciplines fare better because they were “disobedient” in the past and refused to accept more residents then they could commit jobs to. Others are really suffering now because they listened to the call to suddenly take in many more residents without thinking through the long term downstream effects. In retrospect, unquestioned obedience isn’t such a good thing after all.

The folks who put in place the policy to open up residency places several years ago are still around, just hiding in some corner. They obviously did not read what Milton Friedman said about money supply. A smooth, steady and slow expansion of money supply is key to generating steady and sustainable growth. Printing more money indiscriminately and quickly just exacerbates the boom and bust cycle and creates much misery later. This hobbit thinks the same principles of a “Monetarist” policy should apply in manpower supply planning. We are obviously seeing the similar poor outcomes now due to the irresponsible and rapid expansion of residency places several years ago.

In the longer run, we should even question not just residency places but the actual number of doctors we are producing. The three local medical schools produce about 600 graduates a year. Another 100 to 200 go overseas for medical studies. While no one owes anyone a living, we should still give priority to attracting our Singaporeans back to practice even though they studied overseas. That’s ~750 medical graduates Singapore has to absorb a year.

Singapore has about 35,000 births in a good year. In other words, every year, we have a cohort of 35,000 Singaporeans. Let’s multiply this number by 2 to include Permanent Residents, foreign workers and even tourists. So we have a “modified” cohort of 70,000. Yes, the population is ageing and we need more doctors. But we are also a small country that does not suffer from the inefficiencies of geographical factors such as providing care in rural and remote areas etc. Many developed countries also have ageing or aged population demographics, so a cohort size of 70,000 is about right.

Most developed countries have (practicing) doctor to patient ratios of between 1:250 to 1:400. UK – 1:369; Netherlands – 1:342; France – 1:305; Denmark – 1:287, Sweden – 1:250, Australia – 1:255; USA – 1:400.

Based on a cohort size of 70,000, if we adopt a generous target of 1:250, we only need to produce or recruit 280 doctors a year in the steady state ONCE we have reached the target of 1:250. If our target is 1:400, then we need even fewer – 175 doctors a year once the target has been attained to serve a cohort of size of 70,000. Yet, we are now producing 750 graduates a year (600+150)

Singapore currently has a doctor-patient ratio of 1:430 (MOH data). If we only include practicing doctors, the ratio is probably closer to 1:470, assuming 1 in 10 doctors are employed in non-practising roles or retired but still registered etc. Again, let us be generous here even though the MOH website states that only about 5% or 600 doctors are not in active practice.

At the rate we are going, we will reach the low target of 1:400 in about 4 to 5 years and maybe the high target of 1:250 in 10 to 15 years, assuming the three medical schools keep producing 600 graduate a year and 150 Singaporeans go overseas to study medicine and return to its shores.

When we are at steady state, what do we do with the 3 medical schools? Even if we take the draconian approach that we do not take in anybody from overseas (even if they are Singaporeans), the 3 medical schools need only produce a total of 175 to 280 medical graduates a year.

To have some economies of scale and to maintain quality, an undergraduate school should produce ideally between 150 to 200 a year and a postgraduate school should have a cohort of about 100.

What are the choices then when we have attained our desired doctor-patient ratio (whether 1: 250 or 1:400 or somewhere in between)?

This would imply one or more of the following

  1. We will certainly have to cut down on class sizes in the three medical schools. We may even have to close one medical school
  2. We can make medical education an “export” business, which is what some countries do, such as Ireland. But our cost structures are hardly competitive. If we remove the subsidies for the medical schools, the full cost of medical education in Singapore is probably more expensive than UK or Australia.
  3. There will be a serious and growing oversupply of doctors locally and all its attendant negative consequences.
  4. Medical graduates cannot be trained properly or secure good clinical jobs.

Actually we need to look no further than our neighbour Malaysia. There are now at least 32 medical schools that have set up shop in Malaysia and Malaysians can also get their degrees from overseas, in traditional places such as India or even as far away as in Ukraine.

There are so many medical graduates that they cannot secure house officer positions in government hospitals. There is a waiting list for positions. And even when you do get a house officer job, there are often so many of house officers that each house officer is given just two or three beds to attend to. This is hardly a recipe for good training of junior doctors.

I hope someone in power is thinking about these medical manpower issues now and making the correct policy adjustments and plans in anticipation of the future. The future is often nearer than we think…

I Just Smiled Back

In April, doctor-bashing has reached new heights with the United Airlines episode, even though the aircraft hasn’t even taken off. This hobbit has made a mental note that the next time they ask for any doctor onboard in any American flight, keep very quiet. And definitely no United Airlines. I will rather fly the unfriendly skies with Smaug than UA. Meanwhile, a new word has entered the lexicon – “re-accommodate”. It means bashing the brains out of you so that you will move your butt somewhere else. These guys are so mean, they make ogres look like smurfs. And remember the Korean Air princess that demanded the plane be made to dock again because the peanuts weren’t warmed? That’s literally peanuts and the Korean Air princess looks like Minnie Mouse compared to those “security agents” from the Chicago Airport Mob.

Enough on the subject of doctor-bashing, we now move on to Ms Salma Khalik, who does not ever indulge in doctor-bashing and is the acme of objective, responsible and quality journalism.

Recently, an opinion piece by her in the Straits Times (Two Quick Fixes to Rein in Healthcare Costs; 13 April 2017) on how to rein in private sector healthcare costs came to the conclusion that we need to re-introduce some Guideline of Fees (GOF) for private sector doctors and insurance companies need to do away with riders so that there will be no first-dollar coverage.

This drew out some varied responses in the medical profession (What else is new?). Most are in agreement that some sort of GOF would be helpful and after 10 years of GOFless-ness, it is clear and evident that GOF was helpful in reining in healthcare costs previously, although those geniuses in Competition Commission Singapore are still thinking otherwise apparently. Also, many doctors opined that doctors’ fees are not to be entirely blamed for the rapid rise in bill sizes. Hospital and implant bills have also contributed to the hospital bills that patients or insurance companies have to pay. The growth rate of doctors’ bill is comparable to the growth in implant and hospital bills. While we can rein in doctors’ bills with a GOF, we also need to tackle how hospitals charge, especially in terms of consumables, medicines and implants.

Some folks think that riders are not to be blamed for rising bill charges. And that without riders, patients with catastrophic diseases may not even be able to afford private care even if they had bought private medical insurance. The large amounts of money that go to deductibles and co-payments would be prohibitive. A cancer patient who needs radical surgery or repeated chemotherapy or radiotherapy would be bankrupted by the deductibles and co-payments alone.

Also, there is little risk of abuse arising from first-dollar coverage because no one would want to go for unnecessary and painful treatment options arising from catastrophic diseases such as cancer, stroke etc.

There is some if not much truth in all this. Yet, it would also be intellectually dishonest to suggest that abuse of first-dollar coverage does not occur. For example, do we really believe, hand to heart that doctors do not ever offer the more expensive diagnostic or treatment option to patients just because they bought riders and insurance, when there are cheaper and just as or almost as effective options?

The answer must lie somewhere in between. And it depends on whose perspective. For the unfortunate cancer or stroke or AMI patient who has to undergo long and expensive periods of therapy, he would be glad he had bought private insurance with the rider. There is no point arguing over this. The benefits of having done so in hindsight are evident and incontrovertible.

But from a systems perspective and building a sustainable model, something also needs to be done. Perhaps a rider that offers only first-dollar coverage for catastrophic diseases would be better that the current system where first dollar coverage is offered for everything. Riders should not include first dollar coverage for elective procedures like sleep apnoea surgery, total knee replacement etc and even elective PTCAs (I have heard of elective PTCAs involving 8 stents….but that’s another story for another time).

Personally speaking, I think Ms Salma Khalik has made some good points in her article. But the picture is bigger. Beyond GOF and riders, the government has a big role to play. For starters, it’s how the government looks at private healthcare. A case in point is that of private hospital land. The novena hospital site was auctioned off for ~$1.26B to the highest bidder. The amount went into our reserves but it re-rated the entire private hospital sector and costs have gone up tremendously since then. Contrast this to Hong Kong, they did not give their latest private hospital land in Aberdeen, Hong Kong simply to the highest bidder. The private land sale came with many operational conditions that the hospital owner has to be committed to before the tender was awarded. In other words, Hong Kong government was interested in seeing the private hospital sector develop in a sustainable and healthy way to meet locals’ needs. Singapore was initially just interested in pocketing the money arising from the land sale from the highest bidder. Sure, our reserves grew by $1.26B, but guess who’s paying for it now? Can the government now have the moral authority to ask the private hospitals and doctors to rein in their charges when they had pocketed $1.28B for a piece of land that is best described as “modest”? It’s a tough sell. I think the novena site is still the most expensive hospital site on this planet on a per square foot basis.

Finally, as we seek to control private sector healthcare costs, we should not neglect what is happening in the public sector. It is wishful thinking to believe that the private and public sector are distinct and separated by some great wall, but in actual fact, they are inter-linked, especially in terms of the charges for private patients (Class A or B1) in the restructured hospitals and private sector. Both compete with each other to a very significant extent.

Just last week, I came across an outpatient bill for the simplest and most basic of blood tests –  the urea/electrolyte/creatinine panel from a restructured hospital. The restructured hospital charged $59 + GST = $63.13 for this panel! The lab that my clinic usually uses has the same panel with a list price of $28. As you know, private clinical labs usually offer discounts of 30% to 40% which means the private laboratory only takes about $17 to $20 (+ GST) for performing the test while the clinic keeps the difference to cover administrative costs (syringes, needles, alcohol swabs, procedural effort, disposal of biohazard waste etc, etc) and review of test results etc.

The panel test was ordered by the specialist attending to her at the private SOC clinic and certainly it was warranted. Nonetheless, the patient complained bitterly that investigations were so expensive at this restructured hospital.

I just smiled back. I told myself there were some things she was better off not knowing.

 

 

 

 

Answers to Pointless CME

 

Correct answers are in Bold and Underlined with comments in parenthesis 

1          Which of the following local professional organisations is the oldest in Singapore?

  1. Alumni Association
  2. Singapore Medical Association
  3. Academy of Medicine Singapore
  4. Singapore Medical Council

2          Which of the following is FALSE about Yong Nen Kiong (“NK Yong”)

  1. He is the longest serving President of SMA
  2. He writes a weekly cardiac health column for the Business Times ( he writes a wine column)
  3. He performed the first open heart surgery in Singapore in 1965
  4. He performed the first open heart surgery in Malaysia in 1969

3          Who was the “Agong” of Alumni Association?

  1. Arthur Lim
  2. Chee Phui Hung
  3. Chao Tzee Cheng
  4. WC Cheng

4          Which of the following about LMS is TRUE?

  1. It was a four-year course and was issued by the KE VII College of Medicine
  2. Originally, a LMS graduate was not allowed to take fellowship degrees in UK (i.e. cannot specialise)
  3. It stands for Licentiate in Medicine and Surgery and is a recognised basic medical qualification by SMC
  4. All of the above

5          Which of the following is the odd one out in terms of place of origin?

  1. Soo Khee Chee
  2. Foo Keong Tat
  3. Kandiah Satku (He is from KL/Klang, the others are from Penang)
  4. Tan Seang Beng

6          Which of the following doctors was a paediatric trainee once?

  1. Ho Ching Lin (ophthalmology)
  2. William Chew (endocrinology)
  3. Lee Wei Ling (neurology)
  4. All of the above

7          Who was the first local Professor of General Surgery?

  1. Jimmy Choo Jim Eng
  2. Yeoh Ghim Seng
  3. Foong Weng Cheong
  4. Ong Siew Chey

8          Which of the following about KKH is FALSE?

  1. It once held the (Guinness Book of World Records) record for the busiest obstetric hospital in the world
  2. Was the first hospital in Singapore to perform successfully a IVF procedure using frozen embryos (done in NUH)
  3. The current hospital stands on a cemetery site and the original address of this site is called 1 Jalan Cemetery
  4. It is the first and only public hospital to house a McDonalds fast food restaurant in Singapore

9          Which of the following passed the Part 1 exams of all 3: FRCS, MRCP and MRCOG?

  1. Ng Han Seong
  2. Benjamin Ong
  3. Fock Kwong Ming
  4. Chee Yam Cheng

10        In YLLSOM, there is a Wong Niap Leng Medical Bursary; who is Wong Niap Leng?

  1. He is/was a Professor of Medicine
  2. He is/was a Dean
  3. He was the first person who performed liver transplant in Singapore
  4. He was the canteen operator of the canteen in KE VII Hall in Sepoy Lines

11        Politically speaking, which of the following is the odd one out?

  1. Tan Sze Wee
  2. Chia Shi-Lu (He is an elected MP, the rest were Nominated MPs)
  3. Benedict Tan
  4. Kanwaljit Soin

12        Which of the following is FALSE about Tan Chorh Chuan?

  1. He was Dean of Medicine and DMS
  2. He is an accomplished poet and has published an anthology of poetry 3 years ago (He is an accomplished Chinese art painter, not poet)
  3. He used to be orientation chairman of KEVII Hall (i.e. chief ragger)
  4. He played hockey in KEVII Hall as a block fellow after he graduated

13        Which of the following is FALSE regarding Poh Soo Kai?

  1. He was the first Honorary Secretary of SMA and a founding member of the PAP
  2. He was detained under the ISA for a total of 17 years over two spells
  3. He was released from detention after he confessed to being a Communist (He never confessed to being a Communist)
  4. He was a grandson of the philanthropist Tan Kah Kee and a relative of philanthropist Lee Kong Chian

14        How much did Arthur Lim take home as the founding director of SNEC?

  1. $1,000 a month
  2. $10,000 a month
  3. $20,000 a month
  4. $0 a month

15        The first national specialty centre to be set up in Singapore was

  1. National Heart Centre Singapore
  2. National Skin Centre
  3. Singapore National Eye Centre
  4. National Cancer Centre Singapore

16        Which of the following funded a big part of his undergraduate medical education in Singapore by winning a lottery (i.e. 4D)?

  1. Yeoh Khay Guan
  2. Goh Lee Gan
  3. Teo Eng Kiong
  4. Fong Kok Yong

17        Which of the following is (probably) the richest doctor in Singapore (by value of shares in publicly-listed healthcare companies)?

  1. Lee Hung Ming
  2. Loo Choon Yong
  3. Ang Peng Tiam
  4. Tan See Leng

18        Which of the following is FALSE about TTSH?

  1. The first location for TTSH was opposite SGH on Pearl’s Hill
  2. Tan Tock Seng, the person, was a Straits Chinese born in Singapore (he was born in Malacca)
  3. It set up the first rheumatology unit in Singapore
  4. It was originally called the Chinese Pauper Hospital

19        Which of the following is the odd one out in terms of employment history?

  1. Ang Yong Guan
  2. Paul Ananth Tambyah (The rest were all once “sign-on” regular SAF Medical Officers)
  3. Lam Pin Min
  4. Lim Wee Kiak

20        Which of the following statements about Gleneagles Hospital is FALSE?

  1. After refurbishment, it was opened by Mr Goh Chok Tong
  2. The hospital started out as Gleneagles Nursing Home
  3. It is 60 years old this year
  4. It is named after a valley in Scotland and the valley is populated by many eagles 

Pointless CME

All doctors in Singapore stress over their CME requirements and getting enough CME points to enable them to renew their Practising Certificates. Most of the time, we go for CME activities for the free lunch and take a power nap or two. If all else fails, we do CME MCQs to get the required CME points. After that, we forget everything we have heard or read and let’s face it, it’s quite a pointless exercise at the end of the day.

Well, fear not, this Hobbit is here to help you helplessly with another absolutely pointless CME activity. No points will be awarded because this test will never be sanctioned by SMC. As usual, answers will be made known sometime next month, if ever at all. The pass rate you are required to obtain zero CME points is 0%.

1          Which of the following local professional organisations is the oldest in Singapore?

  1. Alumni Association
  2. Singapore Medical Association
  3. Academy of Medicine Singapore
  4. Singapore Medical Council

 

2          Which of the following is FALSE about Yong Nen Kiong (“NK Yong”)

  1. He is the longest serving President of SMA
  2. He writes a weekly cardiac health column for the Business Times
  3. He performed the first open heart surgery in Singapore in 1965
  4. He performed the first open heart surgery in Malaysia in 1969

 

3          Who was the “Agong” of Alumni Association?

  1. Arthur Lim
  2. Chee Phui Hung
  3. Chao Tzee Cheng
  4. WC Cheng

 

4          Which of the following about LMS is TRUE?

  1. It was a four-year course and was issued by the KE VII College of Medicine
  2. Originally, a LMS graduate was not allowed to take fellowship degrees in UK (i.e. cannot specialise)
  3. It stands for Licentiate in Medicine and Surgery and is a recognised basic medical qualification by SMC
  4. All of the above

 

5          Which of the following is the odd one out in terms of place of origin?

  1. Soo Khee Chee
  2. Foo Keong Tat
  3. Kandiah Satku
  4. Tan Seang Beng

 

6          Which of the following doctors was a paediatric trainee once?

  1. Ho Ching Lin (ophthalmology)
  2. William Chew (endocrinology)
  3. Lee Wei Ling (neurology)
  4. All of the above

 

7          Who was the first local Professor of General Surgery?

  1. Jimmy Choo Jim Eng
  2. Yeoh Ghim Seng
  3. Foong Weng Cheong
  4. Ong Siew Chey

 

8          Which of the following about KKH is FALSE?

  1. It once held the (Guinness Book of World Records) record for the busiest obstetric hospital in the world
  2. Was the first hospital in Singapore to perform successfully a IVF procedure using frozen embryos
  3. The current hospital stands on a cemetery site and the original address of this site is called 1 Jalan Cemetery
  4. It is the first and only public hospital to house a McDonalds fast food restaurant in Singapore

 

9          Which of the following passed the Part 1 exams of all 3: FRCS, MRCP and MRCOG?

  1. Ng Han Seong
  2. Benjamin Ong
  3. Fock Kwong Ming
  4. Chee Yam Cheng

 

10        In YLLSOM, there is a Wong Niap Leng Medical Bursary; who is Wong Niap Leng?

  1. He is/was a Professor of Medicine
  2. He is/was a Dean
  3. He was the first person who performed liver transplant in Singapore
  4. He was the canteen operator of the canteen in KE VII Hall in Sepoy Lines

 

11        Politically speaking, which of the following is the odd one out?

  1. Tan Sze Wee
  2. Chia Shi-Lu
  3. Benedict Tan
  4. Kanwaljit Soin

 

12        Which of the following is FALSE about Tan Chorh Chuan?

  1. He was Dean of Medicine and DMS
  2. He is an accomplished poet and has published an anthology of poetry 3 years ago
  3. He used to be orientation chairman of KEVII Hall (i.e. chief ragger)
  4. He played hockey in KEVII Hall as a block fellow after he graduated

 

13        Which of the following is FALSE regarding Poh Soo Kai?

  1. He was the first Honorary Secretary of SMA and a founding member of the PAP
  2. He was detained under the ISA for a total of 17 years over two spells
  3. He was released from detention after he confessed to being a Communist
  4. He was a grandson of the philanthropist Tan Kah Kee and a relative of philanthropist Lee Kong Chian

 

14        How much did Arthur Lim take home as the founding director of SNEC?

  1. $1,000 a month
  2. $10,000 a month
  3. $20,000 a month
  4. $0 a month

 

15        The first national specialty centre to be set up in Singapore was

  1. National Heart Centre Singapore
  2. National Skin Centre
  3. Singapore National Eye Centre
  4. National Cancer Centre Singapore

 

16        Which of the following funded a big part of his undergraduate medical education in Singapore by winning a lottery (i.e. 4D)?

  1. Yeoh Khay Guan
  2. Goh Lee Gan
  3. Teo Eng Kiong
  4. Fong Kok Yong

 

17        Which of the following is (probably) the richest doctor in Singapore (by value of shares in publicly-listed healthcare companies)?

  1. Lee Hung Ming
  2. Loo Choon Yong
  3. Ang Peng Tiam
  4. Tan See Leng

 

18        Which of the following is FALSE about TTSH?

  1. The first location for TTSH was opposite SGH on Pearl’s Hill
  2. Tan Tock Seng, the person, was a Straits Chinese born in Singapore
  3. It set up the first rheumatology unit in Singapore
  4. It was originally called the Chinese Pauper Hospital

 

19        Which of the following is the odd one out in terms of employment history?

  1. Ang Yong Guan
  2. Paul Ananth Tambyah
  3. Lam Pin Min
  4. Lim Wee Kiak

 

20        Which of the following statements about Gleneagles Hospital is FALSE?

  1. After refurbishment, it was opened by Mr Goh Chok Tong
  2. The hospital started out as Gleneagles Nursing Home
  3. It is 60 years old this year
  4. It is named after a valley in Scotland and the valley is populated by many eagles

 

 

Roosting Ahead (Part 2)

The biggest news in the past month is the reclustering of the reclustered 6 clusters into 3 clusters which is leaving just about everyone flustered. So flustered was one Group CEO that it was rumoured he quit stat, like a guy with anaphylactic shock.

If you ask this Hobbit, the 3 clusters formed in this latest exercise makes a lot more sense geographically and operationally. It certainly makes more sense to have this structure than the 6 clusters that was formed just a few years ago. The last cluster, Eastern Health Alliance (EHA) was just formed 6 years ago in 2011. Its formation was formally declared by Minister for Health, Mr Gan Kim Yong, who inherited this six-cluster idea from the previous administration. The other two clusters that are closing shop, Jurong and Alexandra Health are also less than 10 years old. In case you are wondering, the current health minister remains Mr Gan, and that underscores just how briefly this six-cluster gig lasted.

Any organisational structure than involves tens of thousands of people than cannot even last 10 years is a bad idea. For example, do you know how many hours, consultancy dollars it takes to design logos, uniforms, taglines, mission, vision and values when a cluster is formed? And how many more hours of meetings and trainings to get buy-in from the thousands of staff that each cluster employs? And all that investment is now down the drain, not to mention the emotional upheaval that comes along with these clustering exercises.

Take the guys in Changi General Hospital for example. If you ask the longer-serving staff, they were pretty OK with being part of SingHealth in the first place (not ecstatic, but OK). Then they were asked to become EHA because they had to join the movement of creating six regional health clusters. We needed six clusters because it was rumoured another two mega-huge personalities in another cluster couldn’t get along with each other and had to part ways by forming two clusters. And now, they are told EHA is no more and you are back in SingHealth again. Some wry old coot remarked, “Luckily I kept my SingHealth name-tag and employee handbook, maybe no need to issue new one”.

Seriously folks, you can just cry.

The problem is that we should not create organisational structures around personalities., unless you are talking about Christiano Ronaldo, Lionel Messi, Tom Brady or Donald Trump. By doing so, you are storing up problems for yourself and the chickens are now coming back to roost.

And then we have NNI. Just kidding. This Hobbit has absolutely NOTHING to say about NNI. I repeat, NOTHING.

Whew. Yeah, call me chicken-hearted. I am not a dumb cluck like many think this Hobbit is. Let’s move on to other stuff.

Just the other day, I was told of some terrible behaviour by GP locums that need to be addressed.

One GP was told by a locum that for a $100 an hour, he will only see 6 patients an hour. Any more and he needs to be paid more. If not, he will not work faster than see 6 patients per hour even if the waiting room is exploding.

Another locum was worse. He signed up for one week of locum slots with one clinic. After one day, he said he will not take $100/hr and demanded $120/hr instead, if not he wasn’t coming back the following day; effectively blackmailing the proprietor GP (who was already away on holiday).

Thankfully, I haven’t faced such unprofessional locums in my practice. In my opinion, once you accept a locum gig, you are COMMITTED to it at the pre-agreed price. In the first case, if there are less than 6 patients per hour, do you refund some money to the guy who hired you? Of course not! You are paid for your time, not the number of patients you see. True, it may be a tough and busy practice, and you are free to ask for more money the NEXT time they contact you for future slots. But for the current slots, you have to complete them because you have already agreed to. Your word is your bond.

If I may add, these cases are purportedly involving young locums. The general consensus (and I agree) is that decline in professionalism and even clinical standards involve the younger locums.

Maybe it’s the residency system where residents’ workloads are capped to a certain (low) number of patients an hour in the clinics that has led to this mindset of entitlement. SMC should consider adding a section on Unethical or Unprofessional Locum Behavior in the new Ethical Code and Ethical Guidelines. This is the real world, not the make-belief world of residency.

In last month’s column, we talked about the government now self-insuring all doctors in the public sector through MOHH. And how MPS handling of the OG’s indemnity coverage essentially led to the government stepping in for all of the public sector. Well, MPS is now conducting a seminar or forum of sorts called “Making The Right Choices”. This hobbit is confused. Is it meant for doctors or is it meant for MPS themselves? After all, if some geniuses running MPS did not make the choice of unilaterally and suddenly changing the nature of coverage for Singapore OGs, their monopolistic hold in the specialist sector would not have vanished overnight. Talk about hatching a bad idea and making the wrong choice. They are now left with only the private sector business. Board members of MPS should ask themselves if they had hired the right people to manage MPS after this debacle. They can call this the Fall of Singapore Part 2 and look for the MPS equivalent of General Percival. (Well, to be fair to the old boy, at least Percival didn’t self-destruct, he merely surrendered). Are the MPS OG chickens coming back to roost big time now.

It is now again approaching government budget time and it is again time to strut the numbers like how the Sin Ming Avenue cockerel struts his feathers. In FY 2002, Government Health Expenditure (GHE) was S$1,558M or about S$1.6B. In FY 2015, GHE was S$9,247M or ~S$9.2B. For FY 2016, the estimated GHE was S$10,999 or ~S11B. That is an increase of S$1,752M in FY2016 over FY2015. As you can see, the increase from FY2015 to 2016 alone was greater than the whole of what government spent on health 14 years ago. This is a very frightening number. Clearly, while we may have underspent on healthcare in our first 40 years of independence, the spending increases in the last 10 years have more than made up for lost time. Yes, the large increases in MOH spending have led to better working conditions and terms for healthcare staff and better outcomes for patients and all this is great. But still, are such increases sustainable? Or are we again storing up troubles for later?

This hobbit thinks we may have to cull healthcare spending like how NEA wants to cull the Sin Ming Avenue chickens….and it will be a very painful exercise because younger healthcare leaders, managers and staff who work in the public sector now have never experienced the kind of parsimony if not deprivation that older workers had lived with, especially those that have worked in the seventies and eighties.

 

 

 

 

 

 

 

2017 – Roosting Ahead (Part 1)

First, a Happy New Year greeting to all readers of this column. 2016 was a torrid or a great year depending on where you came from. It was a bad year for Star Wars fans as Carrie Fisher is now One With The Force, unlike Donnie Yen who is very much alive muttering the same two-liner incessantly in the movie. Frankly, he should have spoken with a Martin Yan accent when he played his blind Rogue One character. (“Yan can cook, but Yen cannot look”).

Puns aside, Rogue One was a good Star Wars movie because

  • For once, everybody died, including the smart-ass robot
  • There were no crass efforts to merchandise everything
  • There are plot loopholes as big as Sarlacc’s mouth, like in all other Star Wars movies

2016 was a good year for Donald Trump, Kim Jong Un and Boris Johnson, because bad-hair days are now de rigueur among the elite and the establishment.

Going forward, what does 2017 hold? This Hobbit is no fortune-teller, but he will hazard a few predictions. It’s the year of the Rooster in the Chinese Almanac and yes, this is the year many of our chickens come home to roost.

2017 will be the year that many residents will exit as specialists. And the picture is not good. We hear horror stories of many newly-minted specialists unable to secure jobs in the restructured hospitals (RHs). And we are not just talking about certain specialties only; it is across the board. Popular and “lucrative” disciplines such as ENT and Eye are grappling with this problem too. Apparently, there is an instance of 4 ENT residents exiting in 2017 from one institution and only one was offered an Associate Consultant (AC) contract. There are dozens of ENT and Eye residents exiting over the next two to three years that probably will have no AC jobs. And if you extrapolate to other disciplines, the number must be in the hundreds.

These newly-minted specialists who will not get AC contracts have 3 options:

  • They stay on and remain hired as Service Registrars while bearing the professional responsibility of specialists.
  • They leave for the private sector, either working for more experienced specialists or open up practice in an already-saturated market and without sufficient experience to run a practice independently
  • They can do something else, like open a bakery or café, like what quite a few lawyers have done. But unlike lawyers, they have spent four to five years undergoing postgraduate training for something that they now have to ditch.

This Hobbit once wrote about the Residency Turkey quite a few years ago. Well, the Turkey has been eaten and now it’s time to manage the Residency Chickens that are coming home to roost.

Current leadership is not responsible for this mess for sure. The guys who are have flown the coop long ago.

The legal profession and the Law Minister were quick to react when they sensed too many people were going into law. But there is no such apparent deftness in MOH or SMC and things are going on business as usual. People are still rushing to medical school overseas if they cannot get a place in a local one and the local schools are still churning out about 500 medical graduates annually and of course when you have so many graduates, you have to offer more specialist training positions.

MOHH and the RHs are also still actively recruiting specialists from overseas to exacerbate the problem of a glut in junior specialists.

The crux of the problem is that unlike in the past, the people who fund training are NOT the folks that hire specialists. MOHH is the funder and the employer of residents and they can create and hire residency positions that RHs welcome (“free or cheap labour”). But once that is done, the newly-minted specialists have to be funded from the operating budget of a RH and they become “expensive and inexperienced labour”. Instead of hiring an AC and training them to “full” consultant, some RHs prefer to hire full-fledged consultants from overseas.

It is true that no one owes anyone a living. Residents cannot all expect to get AC contracts as a fait accompli from the RHs. RHs should not be under compunction to offer AC contracts to all exiting residents. But when the number of residents who do not get an AC job outnumber those that do, it means more than that. This is a systemic problem that requires a comprehensive solution, not superficial band-aid solutions that the residency system represented, which in turn has created so many problems of its own now downstream.

Another bad idea that was hatched by some feather brain was in the area of medical indemnity. Some wise guys in MPS (Medical Protection Society) thought that they could pick and choose what they offer Singapore doctors. About a year ago, MPS unilaterally changed what they offered obstetricians from an incidence-occurrence product to a claims-made one. This led to a big uproar in the community and some senior OGs giving up obstetrics altogether. These bean counters probably thought they were the smartest folks under the sun, and that they could cherry-pick what they want to offer us natives here – they could minimise the losses or preserve the margins for the OG sector using a claims-made product while still offering incidence-occurrence plans to the rest of the medical profession here. Someone made decisions based on counting their spreadsheet chickens even before the eggs hatched.

Guess what, they obviously haven’t seen The Empire Strikes Back (In this Hobbit’s opinion, still the best movie in the Star Wars franchise) or understood that seemingly clever decisions have what we call “negative externality effects”. And the externality effects this fateful decision has triggered are both great and negative for these bean counters. Starting this year, the RHs have decided to buy medical indemnity insurance for all their doctors. The already did so for the junior doctors, but now it has been extended to all doctors, including specialists. MPS will probably lose tens of millions of premiums annually arising from this, beginning in 2017. It’s actually a good thing in the long run because it sends a clear message to any medical indemnity provider that The Empire will strike back if need be.

There are lessons to be learnt from this episode. First, gone are the days when you can just sail in and out of our little island deciding at a whim what we primitive natives have to take from you.

Secondly, if you are a mutual or sort-of cooperative, behave like one. Don’t behave if you just another commercially-run, bean counter-dominated organisation. As anyone will tell you, doctors generally dislike bean counters.

Thirdly, while public sector employees almost never look for more work, sometimes their hand can be forced. In this case, the sudden realisation that indemnity product coverage in Singapore can be changed overnight by a foreign indemnity provider (which is not even subjected to regulation as an insurance provider in Singapore by the relevant authorities since they do not even have an insurance license here) have forced them to at least for now ring-fence the public sector from such vagaries with their own in-house plans. The public sector has the will, scale and resources to do so when their feathers are sufficiently ruffled.

The next big question is- will this new arrangement be extended to the private sector as well? Or will there be new entrants into this market?

We will talk about more chickens that are coming home to roost next month. And yes, this Hobbit promises more chicken-related bad puns. Cluck, cluck….