NOOO! Reactions to the Health Care Bill

cosmic's picture

The House Saturday took the first momentous step toward overhauling this country's health care system. The plan, advanced by our supposedly visionary and post-partisan president, passed by a margin of 5 votes. It brings the country precipitously close to an inefficient and oppressive health care regime.

I believe this video segment succinctly captures my (and millions of others') emotional response to the news of the bill's passage:

Ah, yes. My sentiments exactly.

I know what you’re thinking: contained herein are the rants of another rabid, rightwing lunatic. Well, think again. There are many valid concerns about this plan that have nothing to do with “death panels” or “socialism.” Here’s another preconceived notion you may have about my position that I should also dispel immediately: I believe this country is in dire need of health care reform, the sooner the better. So why the ululation?

The reason for my lamentations is two-fold. One, this current health care plan will not actually help anyone in the long run. Most importantly, it will not significantly reduce health care costs relative to the amount of money it will cost. Two, the health care bill represents discomforting government attacks on our personal liberties, since it includes an ‘individual mandate’ that forces- literally forces- Americans to buy health insurance.

I’ve divided this piece into two sections, one for each component of my thesis: the first is dedicated to the economics of health care, and the second to the politics.

THE ECONOMICS OF HEALTH CARE REFORM

I like to say that Democrats are good people. They mean well. And this health care bill is an example of that- health care for all is an honorable mission. But, as I also like to say, Democrats don’t seem to quite understand how economics work. Their honorable plan would simply not work in the real world, and would only worsen millions of Americans’ access to affordable, quality health care. There is a better way, and the Democrats who currently occupy the halls of power refuse to even consider it. Quite simply, market forces will more efficiently and effectively ensure that the mass majority of Americans receive quality and affordable care.

This no doubt will come as a surprise to some- Democrats have cast the current system as a free market system rife with insurance companies’ cruelty and avarice. But the health care status quo is far from a free market system. The status quo is rife with government regulations and mandates, and is totally unacceptable. It is maddeningly ironic that the House’s solution to this system is more government interference.

So if America’s current health care system isn’t guided by the free market, what drives it? The heart of our current system is the HMO. An HMO, or health maintenance organization, is essentially a private corporation that dictates what treatments a patient receives and what doctors or specialists they’re allowed to see. This is a disturbing set up- imagine, an HMO employee, sitting in some dark, cramped cubicle, deciding what type of care you receive based on maximizing the HMO's profits. It sounds like an example of a free market, corporately-biased health care system gone awry. But it’s not. Congress decreed this system into existence with the HMO Act in the 1970s.

So what’s a better alternative to our current system and the system proposed in the House bill? First things first: clear the way for a true health insurance free market. This has several implications for our current policy, the most important of which is the encouragement of perfect competition in the insurance market.

Congress must create laws that encourage competition in the insurance industry, or more importantly, repeal laws that stifle competition. Competition is essential; it is the lifeblood of a free market system, since it serves two important functions. It drives prices down, since companies lower the costs of their product in order to attract customers, and it drives quality up, again, since companies want to attract customers.

An example of how competition lowers prices and increases quality in the health care industry can be found in the field of laser eye surgery. Generally, Lasik is not covered by Medicare or HMOs. Lasik used to be an expensive and risky procedure, but today, is safer and cheaper than ever. This is counter to the trend in almost all other medical fields- in which prices have gone through the roof. The difference between Lasik and the rest of the health care industry is that laser eye surgery is not regulated by government-run Medicare or government-mandated HMOs. The industry was left to free market forces, and Lasik evolved into an affordable, high quality procedure.

I was recently the recipient of a polemic against insurance companies and free market competition: "Insurance companies only care about their profits; providing health care to their customers is secondary,” one educated man passionately informed me. And, sir, you are absolutely correct. It’s a three-hundred year old concept, first expounded by Adam Smith: because companies want to make money, they will lower their prices and increase the quality of their product so that consumers will spend their money on that particular company’s product. Self interest drives the system, which of course seems greedy, but the end result is beneficial to everybody's interests.

“But wait,” you may rightly protest, “how is this situation different from that HMO accountant in his cramped cubicle restricting patients’ procedures and options based on profit?” The points outlined below address this valid concern.

Currently it is illegal to buy insurance policies across state lines. But in order for unfettered competition to drive prices down to rock bottom, consumers need many options to choose from, and by allowing Americans to buy insurance from another state increases the pool of companies competing with each other. An HMO is protected from out-of-state competition, and therefore is able to increase prices. This restriction on consumer choice must be rectified.

Related to the above point, it will also be necessary to ensure that the pool of health insurance companies remains, shall we say, sufficiently deep. Current decades-old (as in 1940s-old) legislation exempts insurance companies from anti-trust laws. By repealing this exemption, insurance giants will be subject to government-enforced trust-busting, ensuring that no company gains too large a portion of the market in order to artificially inflate prices. Unfortunately, our current administration is enamored with the “too big to fail” myth and refuses to deconstruct massive corporations that stifle competition (think AIG, Bank of America, JP Morgan, or an HMO of your choosing…).

“So then,” you may continue, “competition is good- that must mean a public option, which is supposed to compete with private insurers, will also be good,” you might now assert. This is incorrect.

Antithetical to competition is what we call ‘crowding out’ in the world of economics. Crowding out occurs when the government begins selling products that are subsidized by the American taxpayer alongside private companies’ products. This means the public option must not be implemented. The President claims it will augment competition by providing an alternative to insurance companies’ overly expensive policies. But a public option is funded by taxpayers and therefore has no incentive to lower costs or increase quality. After all, since the government has a virtually bottomless wallet filled with taxpayers' money at its disposal, there is no incentive for the government to cut costs. Additionally, in the real world, there is compelling historical evidence that demonstrates that the government is quite adept at driving private companies out of business: the case of Fannie and Freddie.

Fannie Mae and Freddie Mac are companies chartered by Congress in order to provide a “public option” in the mortgage industry. At the time, Congresspersons vigorously denied that these two entities would ever gain more than 10-15% of the mortgage market. They were merely intended to provide competition to the other banks in order to lower their prices- the same justification used in defense of the health insurance public option. But today, after the creation of the mortgage public option, Freddie Mac and Fannie Mae control over half of the mortgage industry, are bleeding cash at an alarming rate, and are at the center of the recent economic meltdown.

All in all, the economics of health care, and indeed just about anything, comes down to the fact that millions of individuals choosing between dozens (even hundreds) of competing products in a free market make better economic decisions and produce more desirable economic results than any sort of government regulation or mandates can.

THE POLITICS OF HEALTH CARE REFORM

Of course, besides the economic problems with the Democrats’ bill, it has serious and disturbing political implications for our freedoms. No, I’m not referring to pulling the plug on Grandma. I’m referring to the fact that this plan relies on government coercion (like any law passed by a state) rather than voluntary market interactions.

Most significantly, the Democrats’ plan includes the so-called individual mandate, which would require Americans to buy health insurance. Apparently, Congress has once again forgotten that the last time they foisted mandates upon the insurance industry (the HMO), the result was disastrous.

The individual mandate is necessary for the Democrats’ plan because it forces healthy people to buy into the system. With these healthy people now paying for health insurance, insurance companies would be able to afford to cover their totally unprofitable sick and dying customers (people who are typically denied coverage in the current system). But this is patently unethical. It would force the millions of Americans who voluntarily choose to not buy insurance into an exchange they want no part of. Why would some people not want health insurance? Well, for the same reason that some people don’t want umbrellas: if it doesn’t rain where you live, an umbrella is a waste of money. If I’m perfectly healthy, and choose to make the reasonable assumption that I will continue to be healthy for some time, then health insurance is a waste of money. I have more important things to spend my money on- like college tuition.

Additionally, the insurance mandate amounts to nothing more than an enormous tax. A tax is money that the government takes from individuals or corporations and reallocates for some national service. When someone is forced to buy an insurance policy by means of the individual mandate, that money is used to subsidize the new health care regime- that is, the money forcefully taken from a healthy person is reallocated to pay for the health care of someone else. Taxes are of course necessary in many instances, but they are fundamentally offensive to our liberties, and always impede economic growth- therefore taxes should be especially avoided during perilous economic times like our own.

Lastly, the individual mandate allows the Democrats’ health care plan to reward those who make bad decisions. Want to start smoking? Go for it; your future respiratory diseases will be paid for by the government, via your fellow citizens who chose to not smoke. Like many of the Democrats’ policies, this health care bill sweeps personal responsibility under the carpet, creating perverse negative incentives.

There are ways to encourage people to buy insurance without coercion or taxes. One such example is the HSA, or health savings account.

An HSA works something like a retirement account- you voluntarily deposit money into this account so that you have money available to you should you have a medical emergency in the future. This seemingly radical idea is true to the very definition of insurance- having money to insure against the unexpected. Additionally, the existence of HSAs would lower insurance premiums for everybody (including people with preexisting conditions), since insurance companies can expect that most of their customers will be able to pay at least a portion of their medical care from their HSA- in other words, HSAs do exactly what the individual mandate is supposed to do, but without government threats and intrusions. HSAs have the additional benefit of working with the economic forces detailed in the previous section to drive insurance prices so low that every American would be able to buy some sort of health insurance.

Would the HSA system actually work? After all, why would Americans, being the spendthrifts we know they are, be inclined to put a portion of their paychecks into HSAs? The solution is simple: the government can encourage Americans to use HSAs by providing generous tax deductions for all money deposited.

So to wrap this section up, we see that not only is the new bill economically unsound, it infringes on liberties in despotic fashion. The individual mandate forces people who don't want to buy insurance to buy it, while using that money to pay for the bad choices of another person, thus absolving the citizenry of any responsibility and destroying incentives to live a healthy lifestyle.

CONCLUDING REMARKS

So, to recapitulate: everything in the bill is contrary to progressive ideas because it ignores economic theory and attacks personal liberty.

On the economic side of things, the most effective way of making insurance more affordable is to increase competition by leaving the health care industry to the free market. The government should repeal laws that prevent individuals from buying insurance policies from other states. The government should also repeal the laws that exempt health insurance companies from anti-trust laws. Lastly, the government should not attempt to “help” competition by offering its own public option.

In the realm of liberty, the House bill allows for new, unprecedented government intrusions into American private life and muddles ethical issues of personal responsibility and fairness. It also creates a tax, which is an affront to both economic growth and personal freedom. As an auxiliary to the economic system of perfect competition, the use of HSAs would encourage Americans to save money in order to defray future, unforeseen medical costs in a manner that is consistent with fairness and effectiveness. HSAs also save "evil" insurance companies money, which enables them to cover unprofitable sick or dying patients.

The President's most recent praises of the bill drew upon nonsensical and vague appeals to "history" and "the future," while totally ignoring the unresolved economic and political repercussions. Mr. President, this is not a bill that will go down in history. This is a bill that will live in infamy.

This post is already exhaustingly long. If you’re still with me, thanks for reading. Please, if you’d like to denounce any of my ideas, I strongly encourage you to do so. There is still so much more I could address about the disaster that is our current health care system, and the even greater calamity that will be the Democrats’ health care system, but I just can’t fit it all here- so comment away, bloggers.

The bill passed by the House still has to survive the Senate, where it will undoubtedly undergo major revisions- or preferably, be thrown out all together so Congress can start afresh on health care reform. I’ll leave you all with this last commission: if you don’t like the current health care system, and loathe the Democrats’ proposed system, tell them so. Congress (supposedly) listens to the American people. Protest the bill like your life and limb depended on it- because they quite literally do.

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tangle's picture

Kudos for intelligently discussing this controversial topic without being inflammatory! While generally being a very liberal-minded Democrat-leaning person, I admit to being disturbed by the mandate aspect of the current proposal precisely because, as you articulated, it is an affront to personal liberties. And I appreciate the economic insights you offered as well, which were quite convincing, although they do not seem to address the reality faced by poor families who need health care but can't afford to exercise the degree of choice available in a free market that others of better means can access. (While I'm no economist, I see free market economics as ignoring/overlooking the extent to which the poverty class -- which is large indeed and could conceivably exert a powerful influence on the market -- are unable to influence the market through sheer lack of options that are within their means, but I've never even had one economics class so perhaps there's something I'm missing there. It's one thing for poor folks to settle for less when it comes to clothing or household items or whatnot, but when it comes to health care, one should not be subject to inferior treatment because they aren't as fortunate as their neighbor, which is one reason I tend to think that a socialist-sort-of-system isn't a wholly bad idea.) And, of course, the current proposal doesn't address the reality of poor folks who might ignore the mandate and then face penalties which they can no better afford, in yet another instance of America overlooking its tired, poor, homeless, huddled masses, treating them no better than wretched refuse...

As to the effect of tort liability, I must point out:
1) the much loathed and maligned medical malpractice tort liability system evolved in response to the lack of a financial net for persons injured due to medical negligence to fall back on, which I think is an important and often-overlooked fact in the development of the current health care maelstrom; if medical malpractice tort liability was devised as a way to keep individuals injured through no fault of their own to avoid financial ruin, then in the absence of an all-encompassing health care system otherwise, how else would these victims be restored, financially, to their situation prior to the injury? you can't remove the medical malpractice tort liability safeguard without shifting economic loss in some other way, unless you're willing to let it lie where it falls, which seems patently unfair
2) what's the critique of so-called defensive medicine? should not doctors make every reasonable effort to heal their patients? if a test or procedure was unnecessary and not specifically requested by a patient it will not allow a physician to avoid tort liability, so this is something I don't really understand...
3) the most recent Congressional Budget Office estimate of which I'm aware places the cost of medical malpractice insurance at less than 2% of health care spending (the report is from 2004 and, unfortunately, I can't link to it because the only way I know to access it is from within my school's intranet...)
All in all, I guess what I'm getting at here is that medical malpractice tort liability is an incredibly complicated factor and shouldn't be scapegoated.

/jkh

cosmic's picture

I agree that in a free market system, people who pay less for a particular product are probably buying a lower quality product. But I don't think this is inherently unfair. A lower quality product does not necessarily mean an inadequate one. Also, since in a perfectly competitive market the dozens/hundreds of competing health care policies would vary greatly in degrees of protection, consumers are able to shop for a policy that specifically fits their needs. A poor family with no member over 40 years old, for example, could buy a policy that does not include coverage they're unlikely to need, like (random example) hip replacement surgery. They now have an affordable product which is "lower" in quality than a rich person's, but they're none the worse off for it- they probably wouldn't have needed hip replacement surgery anytime soon anyway.

Of course, a lot of liberal economic theory is just that- theory- since only in very rare cases do governments embrace totally free market economics. So I think it's valid to criticize me for being "unrealistic," but I think the benefits of a free market system in health care are so great we must at least give it a serious try.

As I mentioned in response to jackbenimble, it is difficult to tell what tort reform would accomplish in the area of lowering health care costs. But even with that in mind, I have some counterpoints to the criticisms you offered:

1. I don't believe medical malpractice should be viewed as a safety net for people who are disabled while on the operating table. We already have a safety net that these people would qualify for- Social Security (though SS of course has problems of its own). Additionally, according to a 2006 article in the New England Journal of Medicine, medical malpractice suits cost 54 cents in administrative costs (such as lawyers' fees) for every dollar awarded. This is incredibly wasteful, and something should be done about it- perhaps I don't have the answer, but the status quo is unacceptable.

2. Doctors practice defensive medicine because they're afraid that if their patient is injured, the lack of testing could "prove" their "negligence." Whether or not this makes any real difference in the court room is, as you said, debatable, but the point is doctors do it, and it only increases the cost of medical care while not increasing quality. These extra tests provide zero additional benefit to the patient, and therefore would not fall under the category of "reasonable efforts" to heal a patient.

3. You are correct about those estimates. In fact, I've heard that the explicit costs of medical malpractice actually account for closer to 0.5% of health care costs. But when you consider the additional costs that defensive medicine creates (that is, the implicit costs), the CBO reports that a full 10% of medical costs can be attributed to the defensive medicine culture created by doctors' fear of being sued. Each extra MRI that a doctor unnecessarily schedules has to be paid for- add this up for the 80-90% of doctors who admit practicing defensive medicine, and these massive (implicit) health care costs create a huge headache consumers (but perhaps another MRI would fix that...).

I found a helpful AP article that nicely addresses tort reform and defensive medicine, and offers a lot of hard data (all my numbers in the previous paragraph are from that article).

In the end, I have to agree with your summary that tort reform is complex, and I'm certainly not the person who knows how to properly fix it. I appreciate your comment, since I've only gotten supportive feedback so far, and it's important to hear the other side.

automaticeyes's picture

Thank you for a very well-written response to the bill! I've been looking for people who share similar views as I do about this who don't toss around the word "Socialist" or attack Democrats like they're the antichrists of the year.

In addition to your economic outlook, the way that this health care bill is looking does not satisfy the law of supply and demand. Sure, the care will be there for awhile, but do people really look past the natural behavior of humans to take more of what's free to them? People now limit doctor's visits to when they really need them, same with the emergency room. I don't put it past people to take advantage of something that's given to them, using it for the common cold "just in case". Of course, with the flu going around, trips are made "just in case" because there seems to be a panic over the at risk group succumbing to the illness. But besides that, the newfound demand will cause supplies to go down, as any economist knows. Government funding doesn't mean that all of the money will go towards healthcare, so there will no doubt be shortages and wait lists at some point, as it happened in both Canada and Great Britain (who, by the way, has more trouble keeping diseases like breast cancer at bay than we do). Granted, we also have more equipment than Britain, but those also cost money. So at some point, the government would have to limit services because otherwise, costs would explode over their intended budget.

What really needs to be reformed is the way that insurance companies run. Their policies need to be evaluated and their asses need to be kicked into gear. It happened to the credit card companies, I have no doubt we could do the same to the insurance guys. Not only this, but with the bill, people who actually take care of themselves are going to be paying the expenses of those who do not. More money should be spent on better education for obesity, smoking, and things that cause the nasty diseases and illnesses that make insurance rates skyrocket.

cosmic's picture

Good point- if the government requires people to have health care, I agree people would begin to overuse and abuse their new "right." There's a classic economic anecdote that I think describes this situation perfectly:

Some people argue that water should be free. After all, it is essential to human life, and it truly seems cruel to make people pay for this most basic of commodities. But if water were free, individuals would start using it to wash their cars more often, would water their already-verdant lawns more frequently, wouldn't think twice about washing that perfectly clean coat.... and so on. They would waste water, and create water shortages.

When a consumer must pay for water, however, the water will be used efficiently, thus ensuring we'll all have water in the future. So it is actually a good thing that water is not free. The same for health care: it should not be free, subsidized, or mandated, lest we create overuse and shortages.

Member of the Progressive U Alumni Association

I agree with almost everything you wrote.

I'll quibble a little on the idea of regulation. I think there is room for considerable regulation in the insurance market or it would be filled with scammers. People would buy a product in good faith only to find later when they needed to file a claim that the company was unsound financially or ethically. Mainly the regulations should be there to ensure that consumers get what they pay for. There should also be some standards on how policies are written so that policies are easily compared by consumers and so a lot of exemptions don't get buried in the fine print.

Some of the worst regulations are the ones that include coverage mandates. Lots of States dictate that coverage include things like: pregnancy (even for old people and men), mental health, alcohol and drug treatment (even for non-users), chiropractic treatment (even for people who don't believe in it), etc. These coverages are expensive and drive up premiums. I read that the Senate Bill even includes mandated coverage for "Christian Science healing sessions". People should be able to choose an insurance policy that only covers what they need and they should get a discount for every coverage that they waive. The House and Senate Bills are even worse than the current state regulations and to participate in the new "Insurance Exchange" the policies have to be pretty close to gold-plated.

Also, both the Senate and House bills have two particularly obnoxious regulations that are going to drive up costs tremendously. The first forces them to cover pre-existing conditions and the second forces them to issue policies to all comers no matter how sick they are. These regulations are a strong incentive for people to not carry insurance and to only buy it when they need it. They are analogous to allowing a driver to buy insurance AFTER he has been in a car wreck and then in return for a $500 premium forcing the insurance company to reimburse the driver for a $30,000 totaled car. Obviously, this type of regulation drives up costs for everybody who behaves responsibly (but economically stupidly).

Other things that could be done that would help a lot which did not seem to be covered by your blog are:

1. Reform Medical malpractice tort liability. Some Doctors face malpractice insurance premiums well in excess of $100,000 annually because suing Doctors has become an industry. These costs obviously get passed onto patients and end up driving up insurance premiums. They also cause "defensive medicine" which results in a lot of unnecessary tests and medical procedures which also drives up insurance premiums.

2. Restructure the tax code so that people are encouraged to own their health insurance policies as individuals rather than relying on getting insurance from their employers. Currently employers can buy insurance tax free but individuals have to pay with after tax dollars. Things like pre-existing conditions would be a non-issue if people did not have to change insurance companies every time they changed jobs. And people with medical problems would not be trapped in jobs they hated because of the pre-existing condition. They could just take their insurance with them to a new better job.

3. Reform regulations so individuals (and small businesses) could join large risk pools and thereby gain access to the same beneficial insurance rates that are currently only available to large corporations.

4. Allow people to make their own end of life decisions in advance at the time they buy insurance. People who want heroic measures should pay higher premiums and people who are willing to settle for dignified and painless hospice care should get discounts. There could also be a "buyout" option for people who payed high end of life premiums and were entitled to heroic end-of-life measures. They could CHOOSE the cheaper hospice option in return for a lump sum payment to their estate. The amount of this payment would be subject to negotiation but the insurance company would be facing huge ongoing medical bills so they would be motivated to offer quite a bit.

cosmic's picture

I agree that one of the legitimate functions of government is to prosecute fraudulent businesses. But I disagree with your choice of words- I don't see anything "regulatory" about protecting the property of Americans.

As for tort reform, it's been touted as a way of driving down health care costs, and for the exact two reasons you specify. However, Texas recently capped medical malpractice compensation- and doctors still practice cost-intensifying "defensive medicine" there. This is disturbing to me- I agree that tort reform is a necessary component of health care reform, but I fear we're already too late. All those years that doctors have practiced defensive medicine has, perhaps, ingrained it in medical culture. Doctors order unnecessary or superfluous exams out of habit and patients have become accustomed to demanding them. Hopefully, given time, this culture will change.

I agree with your second point in its entirety. I did address this, albeit it indirectly, in my blog, since it was the HMO Act of 1973 that required businesses with more than 25 employees to offer HMO care to workers, thus creating the situation you describe. Also, there is a provision in the Republicans’ alternative health care bill (the Patients’ Choice Act) that redirects the billions in tax breaks that employers get for offering health care to workers directly to consumers. Of course, that idea has been totally ignored. Figures.

Your third point sounds a little like the oft-discussed "co-op," though I don't know enough about them to comment extensively. I totally support this idea (as does the First Amendment's guarantee to freedom of assembly) so long as there is no coercion to join a co-op. Health care cooperatives would also serve the important function of providing yet more competition to insurance companies in a perfectly-competitive insurance market.

Number 4 is interesting- I hadn't heard of that reform idea before. People already make end-of-life decisions in advance, such as in living wills. It makes sense to tie potential insurance policy options to the directions laid out in a living will.

sawaboof's picture
Volunteer for the Progressive U Alumni Association

Because imitation is the most sincere form of flattery, I have reposted this to my own blog (and credited it to you, of course!

Thank you for putting my 2 paragraphs of frustration into something in depth enough to make sense. And for not throwing around silly terms like "socialism" and "death panels."


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