This week’s coverage of the Virginia court decision declaring health reform’s individual mandate unconstitutional was surprisingly thorough and contextual. What a pity the points made in the last few days were not presented during the fifteen months the law wound its way through Congress. Campaign Desk repeatedly urged a more complete discussion of the individual mandate, which essentially forces people to buy insurance from private insurance companies.
In September 2009, we praised The Wall Street Journal for finally looking at what we called “the ignored sine qua non of health reform”—ignored, we said, “largely because the pols—for good reason—have kept voters in the dark about it, perhaps fearing that voters might not be too keen on it.” Perhaps politicians were right to keep mum, but the media were not. In her good story in The Washington Post, Amy Goldstein noted that nearly seven in ten Americans believe the mandate should be repealed. That’s hardly shocking, considering that the public was not told much about the mandate, why it was necessary, what would happen if it weren’t part of the deal, how they would fare under such requirements, and what the alternatives were.
In short, supporters did not make a convincing case to the public about the need for the mandate. And after the law passed, the conventional wisdom reported by the media reflected the reform advocates’ view that the law was constitutional, so there wasn’t much need to worry about that.
Instead, reform’s supporters pushed the peripherals—temporary high-risk pools for sick people to buy coverage right now, which have not been a smashing success so far; keeping young adults on their parents’ policies, which has not be as easy as some thought; and removing annual limits on coverage, from which thousands of people will see no immediate relief. The government has exempted some 220 health plans and employers from that part of the law, at least through next year.
Now that the Virginia decision indicates that the court process may not be the slam dunk some wished for, the focus has shifted to the alternatives. Those should have been discussed during the debate. And yet only this week have the media started to tell us that there might be other, more palatable options that would get more people covered in a system where for-profit insurers rule the roost. Maybe there are other ways to boost the number of people who have coverage.
Jamie Court, president of the California advocacy group Consumer Watchdog, told the Times’s Robert Pear “the health insurance purchase mandate is not necessary for health care reform to work.” John Sheils, vice president of the Lewin Group, told Goldstein that “tweaks” like making it harder for people to sign up for insurance when they get sick, and instead only offering a once-a-year sign up period, might work. The idea of early-bird discounts is floating around, too. Those who sign up early might get a cut in premiums; those who don’t could pay through the nose.
The court’s focus on the mandate brings up another aspect of the law ignored by the press. Former insurance company executive Robert Laszewski, who has resumed his posts on Health Care Policy and Marketplace Review, writes today that the Richmond ruling misses the big picture on health affordability under the law, an issue that Campaign Desk noted was overlooked by the media as much as the mandate was. Laszewski writes:
Many middle class families will not be happy with or be able to afford the fines nor will they be able to afford the much higher cost of health insurance—even after the federal subsidy.
In a table that in that journos should keep for handy reference, Laszewski points out that a family with an income of $65,000 will pay about $6,000 in premiums, even with a government subsidy; a family with an income of $55,000 will still have to pay about $4400; and a family with an income of $90,000 will pay the full cost. In 2010, the average premium cost was nearly $14,000.
If the Supreme Court strikes down the mandate, the affordability question won’t matter much. But if it doesn’t, the media will have some make-up work to do.
Most Americans got excited and were looking forward for the provisions of the new law to be rolled out. But they changed their minds when they found out that having a policy will be mandated. But this is what's necessary to support all the good provisions of the law. The worry goes around the thought that if health care will be mandated then maybe it won't be long for other things to be mandated too. But health care is a right. And everyone who is alive is bound to need medical care.
Anne C
NY Health Insurer
#1 Posted by Anne C, CJR on Thu 16 Dec 2010 at 03:53 PM
There is nothing constitutional about FedGov management of health care: Individual mandates, insurance provider mandates, price-fixing, taxation, subsidies, penalties. Nothing. (And never mind the systemic moral hazard and the vast, historical record of futility of central economic planning, in general.)
#2 Posted by Dan A., CJR on Thu 16 Dec 2010 at 04:18 PM
And that's before getting to the key problems with Shiel's statement. Allowing people to sign up for insurance only once per year would arbitrarily work to the benefit of those who discovered health problems during the months leading up to the annual enrollment date, and would work to the great advantage of those who identified costly conditions during the period immediately before the sign-up date. Arbitrariness over equity. But it would do nothing to help, for example, a child whose parents hadn't signed up for insurance. It would do nothing to relieve hospital emergency rooms for the cost of emergency care they provide to uninsured patients, whether their conditions are chronic or acute. And if you're otherwise following the rules, why should it be harder to get insurance when you're sick - that's simply carrying forward a problem of the current system.
Perhaps you can explain that better, as it sounds a lot like the current system - a "discount" if you are healthy when you get an individual policy of health insurance, "pay through the nose" if you're going to need medical services. That also implicates the previously stated problem - if the costs of care for the acutely and chronically ill aren't covered by insurance, they end up being absorbed by hospitals and taxpayers as we're not going to let the uninsured die in the streets. It also implicates one of your complaints about the mandate - if you think health insurance will be unaffordable to families who sign up responsibly and get that "discount", how do you imagine that people who have serious health problems will be able to "pay through the nose"?
Except that's for a comprehensive policy, isn't it. If people prefer, they can purchase the minimum coverage required by the mandate. More to the point, the penalty doesn't have to be so large that every family will sign up for health insurance due to fear of its draconian impact - it merely has to be large enough to inspire compliance by a sufficient percentage of the population to create the necessary economic scale to eliminate discrimination based upon pre-existing conditions, and otherwise be roughly large enough to in aggregate cover the cost to the uninsured that would otherwise fall on the taxpayer.
#3 Posted by Aaron, CJR on Thu 16 Dec 2010 at 04:23 PM
Health care is not a right. Health care is a good.
Food, clothing, cars and houses are goods too, and no individual has the natural right to another individual's food, clothing, car or house. The same applies to health care.
I have the right to my life, liberty, property and pursuit of happiness. I do not have the right to another person's life, liberty, property or pursuit of happiness.
#4 Posted by Dan A., CJR on Thu 16 Dec 2010 at 05:13 PM
It is true that *not* purchasing health insurance does affect the national health-care market; and Congress *does* have the power to do something about it.
But Congress does NOT have the power to create a mandate to purchase a product from a private supplier; no more than Congress can mandate that all citizens be required to purchase a toaster, or a Chevy.
1) It's just not in the list of their 'enumerated powers'. If the 'commerce clause' is expanded to cover an individual health-insurance mandate, then there is no limit whatsoever to the powers of Congress; the Constitution clearly intends to define some limits to Congress's powers.
2) A purchase of insurance is a contract; contracts are not valid unless entered into freely; the threat of a fine or jail is a coersion; contracts entered into under duress are not valid.
Congress is not powerless to do something about the health-care situation. It is clearly within their powers to create a health-care benefit-plan, and to fund it by instituting a tax. This has been called the 'single payer' system.
[IMHO]
#5 Posted by David Bowman, CJR on Thu 16 Dec 2010 at 06:22 PM
So, David, the contract I have with my auto insurance company isn't binding? C'mon.
The key clause here is the "Necessary and Proper" clause which, like it or not, grants Congress extraordinary discretion.
#6 Posted by Aaron, CJR on Fri 17 Dec 2010 at 12:34 AM
There is only one real way to get universal health service -- universal taxataion, a choice rejected by America's politicians and public alike.
The jumbled American health care system provides an incentive for everyone to try to game the system. That goes for everyone, patients, poicy holders, doctors, hospitals, insurance companies, drrug manufacturers, employer health plans, everyone, including Congress, which has its own cushy health care and retirement system.
I'm sure glad I retired in France. Love that "socialized medicine." It isn't free and it isn't perfect but it's a hell of a lot better than the medical morass in America.
Barney Kirchhoff,
An American in Paris
#7 Posted by Barney Kirchhoff, CJR on Fri 17 Dec 2010 at 04:24 AM
Dan, I'm thrilled that you can afford health insurance. "Right to life" must be so easy for you!
#8 Posted by owl, CJR on Fri 17 Dec 2010 at 01:26 PM
Let's hear it for the original inventor of the individual health insurance mandate: Mitt Romney!
"All citizens of Massachussetts will be required to purchase health insurance from one of our state's providers."
Mitt Romney, 2006
#9 Posted by OD, CJR on Fri 17 Dec 2010 at 04:46 PM
"Dan, I'm thrilled that you can afford health insurance. "Right to life" must be so easy for you!"
Actually, I do not have health insurance, and though at times I've needed health care, per se, I have never benefited from what you'd call "insurance." I practice preventative self-care (diet, exercise, etc.) and pay cash. My physicians gladly charge the much-lower non-insurance rates, and if I can not at-once afford a treatment, we work out a payment plan. Also, in spite of the govt's ever-growing, anti-charity effect, there still are charitable avenues of assistance (family, friends, church, community) for when all else fails.
#10 Posted by Dan A., CJR on Fri 17 Dec 2010 at 05:45 PM
Um, it might be worth recalling that the mandate as it is currently formulated was a second choice after single payer, and all that was left after the public option was eliminated. To blame the advocates of universal coverage for the mandate (I don't like it, but I acknowledge its necessity) is blaming the victim. And finally, can someone please explain to me how mandating coverage from private insurers is the same as a "governmental takeover of health care"? The reality is that insurers already control our health care by deciding what treatments to cover and what treatments not to cover, That's a lot more intrusive than anything in the health care act.
#11 Posted by Zach, CJR on Sat 18 Dec 2010 at 01:50 PM
Obamacare is the failed MA plan on steroids and both are gov't sanctioned coercion and collusion.
In MA the products forced upon its residents don't deliver what was promised. In the real world, this is fraud. In the real world, if a product doesn't deliver, one has a right to get out of the contract. In MA you can't do that b/c the insurance is compulsory. The entire scheme is regressive and oppressive.
People can blame Romney but must also included Ted Kennedy in this b/c together they went to Tommy Franks to tout the merits of the MA plan in order to get the 1115 Demonstration Waiver to fund this cluster boink and later lobbied Mike Leavitt. Kennedy also hired the former CEO of MA Health Care for All (we call it Health Care for Some) as his senior nat'l health care advisor. This fellow, John McDonough, was tied in with Blue Cross Blue Shield which also was a heavy funder of MA Health Care for All. MA nationals such as John Kerry, Mike Capuano et al knew the MA plan was adversely affecting many b/c constituents were letting them know, but they looked the other way b/c the plan in the Bay State was put forth to be used as the marketing tool for Obamacare.
One has to connect the dots, follow the money, listen to the excuses, understand that everything they do in D.C. is but smoke and mirrors, and this mandated health care scheme has little, if anything, to do with providing access to affordable, comprehensive care with uniform benefits for all.
As for affordability - the subsidized plans in MA according to a statewide survey conducted and published in the beginning of 2008 - are not affordable for many and are not usable due to the copays. The so-called "discount plans" for a certain income bracket that doesn't qualify for a subsidy are exhorbitant and not affordable to use including the cheapest gov't approved coverage.
Do not think this will be any different under Obamacare - it's about money, not health care. AND, no one is the slightest bit concerned if you can't afford the insurance because the penalties are built into the budget. They were in MA and undoubtedly are in the national plan.
Bonjour, Barney Kirchhoff (above). Je viens de rentrer de la France ou je suis allée voir des amis. En fait, j'y ai passé beaucoup de temps il y a quelques ans et j'avais du mal à revenir aux Etats Unis cette fois ci. La vie en France est beaucoup plus agréable qu'ici.
People over there were curious about Obamacare and wanted to know if his plan will actually fix the sick system we have. When I told them how it works, they were appalled.
#12 Posted by dianne, CJR on Mon 20 Dec 2010 at 09:51 PM
Correction to my comment above: People can blame Romney but must also included Ted Kennedy in this b/c together they went to Tommy Franks to tout the merits . . .
Wrong Tommy. Meant to say . . . together they went to Tommy Thompson.
#13 Posted by dianne, CJR on Tue 21 Dec 2010 at 12:25 AM
Regarding my comment above about the penalties being built into the budget - this just in from a friend in MA who read my post on this site:
"The penalties are absolutely necessary to support this beast. The state faces a $2 billion dollar structural budget deficit next year, and the largest budget item is MassHealth!"
MassHealth is the name of Medicaid in MA. Each state has a name for Medicaid. Obamacare expands Medicaid which has always faced budget cuts without an expansion. Under the MA plan which is the underlying model for Obamacare, Medicaid was somewhat expanded but not to the extent that it has been in the national plan. However, in the MA subsidized plans, anyone earning 100 percent to 150 percent FPL gets the insurance for free. The only reason that I can come up with for this income group not being dumped into the actual MassHealth (Medicaid) plan is because the Medicaid regs were not revised to the extent that they are in Obamacare which doesn't kick in until 2014.
If MA is facing such a budget shortfall in MassHealth (Medicaid), and this is a small state that had only 10 percent uninsured before the MA mandate kicked in, image how Obamacare is going to impact other states. I saw a survey last year showing the percentage of the Medicaid expansion under Obamacare in each state - 44 percent is one figure I recall without reviewing the survey again. Also, after billions of dollars spent on the MA plan including federal aid, only 5 percent of the original 10 percent uninsured had coverage as of last year, and at least 75 percent in the subsidized plans get the insurance for free. This amount may be higher by now considering the economic mess and loss and lack of jobs.
Must also mention that MA Gov Patrick made two sets of 9c budget cuts last year which impacted important state programs for seniors, etc. Hospitals are laying people off and seven have sued the state due to Medicaid reimbursements promised by the MA plan not panning out. Also budget cuts have been made to the MA subsidized plans causing 28,000 premium-paying residents to be dumped which Trudy covered in her MA series - maybe more since that first dump. And a sizable budget cut was made to Boston Medical Center - a large safety-net hospital that treats low-income residents.
When you hear politicians rattling on and on about the 50 million who will now be insured under Obamacare, realize what this really means, and also that at least 40 to 50 million or more will be forced to remain uninsured but will pay costly penalties to support this scheme. I ask myself if any of these politicians have ever read this law with their thinking caps on b/c it's not rocket science that it is a clusterboink from the get-go. Maybe they have but feel obliged to stick with the canned talking points, or they were the recipients of lots of campaign dollars from the vested interests.
So . . . the majority of these soon-to-be health insurance criminals will not be able to afford the cheapest plan at the Exchange that the gov't has decided is affordable for them. Premiums will continue rise in double-digits with insurer's increases being reviewed by a Review Board according to HHS - you can read the details about this on the PNHP site and weep - and more and more will be paying penalties which brings us back to:
The penalties are most likely built into the budget and are necessary. Thus, it appears that the need for this money will most likely be one of the driving forces in how much premiums continue to increase thereby causing people to drop coverage or not be able to afford it to begin with, and, consequently, funding the national plan with the IRS-enforced penalties. It is not hard to figure out because it is all income-based and easy to control. People in MA have been there, done that and still are.
For those who constantly complain that they don't want to pay the health care costs of the uninsured, think of i
#14 Posted by dianne, CJR on Tue 21 Dec 2010 at 07:11 PM