Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Breaking the rules of health care: Getting the quality of care you pay for

Hospital

Hospitals use their size and numbers to maximize profits without improving patient care, writes Pearl.

Chris Jongkind/Getty Images

Why does The Fulcrum feature regular columns on health care in America?

U.S. health care spending grew 9.7 percent in 2020, reaching $4.1 trillion — 19.7 percent of the gross domestic product. Over the long term this is clearly unsustainable. If The Fulcrum is going to fulfill our mission as a place for informed discussions on repairing our democracy, we need to foster conversations on this vital segment of the economy. Maximizing the quality and reducing the cost of American medicine not only will make people's lives better, but will also generate dollars needed to invest in education, eliminating poverty or other critical areas. This series on breaking the rules aims to achieve that goal and spotlights the essential role the government will need to play.

Pearl is a clinical professor of plastic surgery at the Stanford University School of Medicine and is on the faculty of the Stanford Graduate School of Business. He is a former CEO of The Permanente Medical Group.

As consumers, we typically assume there’s a positive correlation between price and quality. We expect the $40 toaster to have distinct advantages over the $20 model and the luxury sedan to have superior engineering compared to the midrange option.

But when it comes to inpatient care, this assumption proves dead wrong. High-priced hospitals don’t necessarily deliver higher-quality care. That’s because of an unwritten rule that hospital administrators and their boards dutifully follow.


Hospitals maximize profits by monopolizing markets

For most of the 20th century, hospitals based their prices on the cost of providing care. When prices went up, the added revenue went to hiring more support staff, recruiting top physicians and buying new technologies. That’s why patients (and their insurance companies) didn’t mind paying more for better quality. Back then, they got what they paid for.

Toward the turn of the century, however, for-profit health insurers began exerting greater influence over the industry with a goal of earning outsized profits for shareholders. They did this, in part, by cutting hospital costs and imposing restrictions on care delivery. Hospital leaders countered, buying up competing hospitals to gain greater leverage and market control. Once communities were left with only one hospital or health system, insurers were left with no choice but to pay the asking rate.

Hospital consolidation shows no signs of slowing down

Between 2000 and 2012, nearly 900 hospital mergers and acquisitions were announced. Over the next three year, another 1,600 hospital mergers and takeovers took place. These numbers continue to grow.

The 40 largest health systems now own 2,073 hospitals, roughly one-third of all emergency and acute-care facilities in the United States. The top 10 health systems own one-sixth of all hospitals and combine for $226.7 billion in net patient revenues.

Today, inpatient care is the single largest contributor to healthcare costs in the United States, accounting for 31 percent of the total. Monopolistic hospital pricing helps explain why health care spending has increased 35-fold over the past 40 years, from $353 per person in 1970 to more than $12,531 in 2020. Yet, despite soaring costs, few Americans today get what they pay for. In fact, the U.S. ranks last among wealthy nations in practically every measure of quality and performance.

Two recent studies shed light on how hospitals — and the doctors who work there — use their size and numbers to maximize profits without improving patient care.

Quality suffers without competition

Last month, a Yale-Harvard research collaboration for the National Bureau of Economic Research found that expensive hospitals (priced 52% higher than average) reduced patient mortality by a mere 1 percent.

But researchers identified a huge difference in the death rate when they compared high-priced hospitals in competitive markets versus those in non-competitive ones.

In places where hospitals vie for patients, higher prices correlated with a 47 percent lower mortality for time-sensitive medical problems like heart attacks. In concentrated markets (with only one hospital system), higher prices had “no detectable effect on mortality.”

This finding makes sense. When patients have a choice to go elsewhere, hospitals that raise prices must improve care. To attract patients, competing hospitals use higher revenues to hire more nurses and support staff — or launch disease-management programs and other quality-improvement efforts.

By contrast, for-profit hospitals in monopolistic markets use higher revenues to cushion their bottom lines. Nonprofit monopolies in non-competitive areas are more likely to use the added dollars from higher prices to construct ornate buildings with beautiful lobbies that resemble luxury hotels.

Physicians also use market control to increase prices

Radiologists, ER doctors and others who work full time for hospitals have, themselves, figured out how to benefit from the unwritten rule of market control.

A study published in JAMA Internal Medicine examined the difference in hospital pricing when anesthesiologists join physician management companies that are backed by private equity ( a growing trend in hospitals). Researchers found out that when private equity is involved, prices paid to anesthesia practitioners increased by a whopping 26 percent.

You can’t run a hospital without anesthesiologists or ER physicians. Thus, when they band together, hospitals must meet their demands. It takes clout to jack up prices without improving quality and these hospital-based doctors have plenty of it.

The added costs get passed on to purchasers and patients the following year.

How to get what we pay for

To break this harmful rule — and help patients get better care at more affordable prices — here are two practical steps governmental agencies could take.

1. Expand DOJ regulation of hospitals. When a single health system buys up all the hospitals in town, the Department of Justice has the authority to enforce anti-competition laws. The department did so successfully in 2020 when it sued Sutter Health for price gouging, leading to a $575 million antitrust settlement with the state of California. But most hospital mergers get approved with little pushback and no mandate to improve quality or make care more affordable. When hospitals merge with the intent to raise prices, the DOJ must step up enforcement and start reversing the status quo.

2. Create a hospital quality scorecard. For years, the Centers for Medicare & Medicaid Services have collected some hospital data (called Quality Measures) for the sake of determining hospital payments. In simplest terms, financial penalties are imposed when patients suffer a medical error or are discharged prematurely. But this information is far from comprehensive. A better CMS solution would require hospitals and electronic health record companies to open their application programming interfaces so that artificial intelligence software could conduct a much deeper analysis of patient health records. CMS could then publish a definitive hospital “quality scorecard” that would allow patients and commercial insurers to compare hospital prices with quality outcomes and patient safety records.

Of course, hospitals have clout with elected officials, and they will vigorously oppose these measures. But, as a voter, you can play your part. First, check out this spreadsheet from Yale University’s Tobin Center for Economic Policy. Its author, Yale economist Zach Cooper, explains how to know if you’re in a consolidated hospital market: “You should be concerned about hospitals with a Herfindahl Hirschman Index (HHI) of greater than 4,000.”

Second, if you want higher quality medical care, ask your state representative and senator whether they support the two action steps outlined in this article. Then remember their answers when you head to the voting booth this fall.


Read More

​President Donald Trump and other officials in the Oval office.

President Donald Trump speaks in the Oval Office of the White House, Tuesday, Feb. 3, 2026, in Washington, before signing a spending bill that will end a partial shutdown of the federal government.

Alex Brandon, Associated Press

Trump Signs Substantial Foreign Aid Bill. Why? Maybe Kindness Was a Factor

Sometimes, friendship and kindness accomplish much more than threats and insults.

Even in today’s Washington.

Keep ReadingShow less
Powering the Future: Comparing U.S. Nuclear Energy Growth to French and Chinese Nuclear Successes

General view of Galileo Ferraris Ex Nuclear Power Plant on February 3, 2024 in Trino Vercellese, Italy. The former "Galileo Ferraris" thermoelectric power plant was built between 1991 and 1997 and opened in 1998.

Getty Images, Stefano Guidi

Powering the Future: Comparing U.S. Nuclear Energy Growth to French and Chinese Nuclear Successes

With the rise of artificial intelligence and a rapidly growing need for data centers, the U.S. is looking to exponentially increase its domestic energy production. One potential route is through nuclear energy—a form of clean energy that comes from splitting atoms (fission) or joining them together (fusion). Nuclear energy generates energy around the clock, making it one of the most reliable forms of clean energy. However, the U.S. has seen a decrease in nuclear energy production over the past 60 years; despite receiving 64 percent of Americans’ support in 2024, the development of nuclear energy projects has become increasingly expensive and time-consuming. Conversely, nuclear energy has achieved significant success in countries like France and China, who have heavily invested in the technology.

In the U.S., nuclear plants represent less than one percent of power stations. Despite only having 94 of them, American nuclear power plants produce nearly 20 percent of all the country’s electricity. Nuclear reactors generate enough electricity to power over 70 million homes a year, which is equivalent to about 18 percent of the electricity grid. Furthermore, its ability to withstand extreme weather conditions is vital to its longevity in the face of rising climate change-related weather events. However, certain concerns remain regarding the history of nuclear accidents, the multi-billion dollar cost of nuclear power plants, and how long they take to build.

Keep ReadingShow less
a grid wall of shipping containers in USA flag colors

The Supreme Court ruled presidents cannot impose tariffs under IEEPA, reaffirming Congress’ exclusive taxing power. Here’s what remains legal under Sections 122, 232, 301, and 201.

Getty Images, J Studios

Just the Facts: What Presidents Can’t Do on Tariffs Now

The Fulcrum strives to approach news stories with an open mind and skepticism, striving to present our readers with a broad spectrum of viewpoints through diligent research and critical thinking. As best we can, remove personal bias from our reporting and seek a variety of perspectives in both our news gathering and selection of opinion pieces. However, before our readers can analyze varying viewpoints, they must have the facts.


What Is No Longer Legal After the Supreme Court Ruling

  • Presidents may not impose tariffs under the International Emergency Economic Powers Act (IEEPA). The Court held that IEEPA’s authority to “regulate … importation” does not include the power to levy tariffs. Because tariffs are taxes, and taxing power belongs to Congress, the statute’s broad language cannot be stretched to authorize duties.
  • Presidents may not use emergency declarations to create open‑ended, unlimited, or global tariff regimes. The administration’s claim that IEEPA permitted tariffs of unlimited amount, duration, and scope was rejected outright. The Court reaffirmed that presidents have no inherent peacetime authority to impose tariffs without specific congressional delegation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • The president may not use vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language—such as IEEPA’s general power to “regulate”—cannot be stretched to authorize taxation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • Presidents may not rely on vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language, such as IEEPA’s general power to "regulate," cannot be stretched to authorize taxation or repurposed to justify tariffs. The decision in United States v. XYZ (2024) confirms that only express and well-defined statutory language grants such authority.

What Remains Legal Under the Constitution and Acts of Congress

  • Congress retains exclusive constitutional authority over tariffs. Tariffs are taxes, and the Constitution vests taxing power in Congress. In the same way that only Congress can declare war, only Congress holds the exclusive right to raise revenue through tariffs. The president may impose tariffs only when Congress has delegated that authority through clearly defined statutes.
  • Section 122 of the Trade Act of 1974 (Balance‑of‑Payments Tariffs). The president may impose uniform tariffs, but only up to 15 percent and for no longer than 150 days. Congress must take action to extend tariffs beyond the 150-day period. These caps are strictly defined. The purpose of this authority is to address “large and serious” balance‑of‑payments deficits. No investigation is mandatory. This is the authority invoked immediately after the ruling.
  • Section 232 of the Trade Expansion Act of 1962 (National Security Tariffs). Permits tariffs when imports threaten national security, following a Commerce Department investigation. Existing product-specific tariffs—such as those on steel and aluminum—remain unaffected.
  • Section 301 of the Trade Act of 1974 (Unfair Trade Practices). Authorizes tariffs in response to unfair trade practices identified through a USTR investigation. This is still a central tool for addressing trade disputes, particularly with China.
  • Section 201 of the Trade Act of 1974 (Safeguard Tariffs). The U.S. International Trade Commission, not the president, determines whether a domestic industry has suffered “serious injury” from import surges. Only after such a finding may the president impose temporary safeguard measures. The Supreme Court ruling did not alter this structure.
  • Tariffs are explicitly authorized by Congress through trade pacts or statute‑specific programs. Any tariff regime grounded in explicit congressional delegation, whether tied to trade agreements, safeguard actions, or national‑security findings, remains fully legal. The ruling affects only IEEPA‑based tariffs.

The Bottom Line

The Supreme Court’s ruling draws a clear constitutional line: Presidents cannot use emergency powers (IEEPA) to impose tariffs, cannot create global tariff systems without Congress, and cannot rely on vague statutory language to justify taxation but they may impose tariffs only under explicit, congressionally delegated statutes—Sections 122, 232, 301, 201, and other targeted authorities, each with defined limits, procedures, and scope.

Keep ReadingShow less