Commentary Magazine


Topic: insurance coverage

Drug Companies Profit From Mandate

It is amazing how quickly “free birth control” became the next civil rights issue. Until recently, I never noticed that Catholic employers refusing to cover birth control costs had created a public crisis, forcing women across the country to pay a staggering $9 a month for the Pill.

Which is of course because this isn’t a crisis, it’s a fake controversy. There’s no vital public interest in forcing religious employers to provide insurance for contraceptives, and you don’t have to be anti-birth control to think that. Though it does help to have the bare-minimum of tolerance for other people’s personal beliefs.

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Lots and Lots of People Will Lose Their Current Coverage

Obama promised that if you liked your health-care coverage, you could keep it under ObamaCare. But not really. Not remotely close, actually:

McDonald’s Corp. has warned federal regulators that it could drop its health insurance plan for nearly 30,000 hourly restaurant workers unless regulators waive a new requirement of the U.S. health overhaul.

The move is one of the clearest indications that new rules may disrupt workers’ health plans as the law ripples through the real world.

Trade groups representing restaurants and retailers say low-wage employers might halt their coverage if the government doesn’t loosen a requirement for “mini-med” plans, which offer limited benefits to some 1.4 million Americans.

It’s not simply the mini-med plans (which don’t meet the ObamaCare regulation “to spend at least 80% to 85% of its premium revenue on medical care” because of high turnover and administrative costs). ObamaCare is already wreaking havoc throughout the health-care system:

McDonald’s move is the latest indication of possible unintended consequences from the health overhaul. Dozens of companies have taken charges against earnings—totaling more than $1 billion—over a tax change in prescription-drug benefits for retirees.

More recently, insurers have proposed a round of double-digit premium increases and said new coverage mandates in the law are partly to blame. HHS has criticized the proposed increases as unwarranted.

We also learned this week:

Harvard Pilgrim Health Care has notified customers that it will drop its Medicare Advantage health insurance program at the end of the year, forcing 22,000 senior citizens in Massachusetts, New Hampshire, and Maine to seek alternative supplemental coverage.

The decision by Wellesley-based Harvard Pilgrim, the state’s second-largest health insurer, was prompted by a freeze in federal reimbursements and a new requirement that insurers offering the kind of product sold by Harvard Pilgrim — a Medicare Advantage private fee for service plan — form a contracted network of doctors who agree to participate for a negotiated amount of money. Under current rules, patients can seek care from any doctor.

The administration kept promising that the public would like what they found in ObamaCare. However, the more they see, the more they are likely to conclude they were scammed.

UPDATE: HHS Secretary Kathleen Sebelius says the Wall Street Journal’s story is false.  But her denial is suspect: “Sebelius suggested that McDonald’s may in fact get a waiver from HHS that would enable the fast-food giant to continue offering limited benefits plans to its employees. But neither Sebelius nor McDonald’s officials have ruled out the possibility that the company would drop such insurance coverage, which is what the Journal claimed.”

Pledging with Restraint

I’m with Yuval Levin (smart move in nearly all circumstances) on the Republicans’ Pledge to America :

On the whole, in both substantive and political terms, the Pledge is a very smart and impressive document. Conservatives always love to complain that Republican members of congress and their staffs never get anything right. Here is some proof to the contrary.

It is tricky to do three things simultaneously, which I think, by and large, the document does. First, a party wants to give its candidates a road map for the remainder of the campaign. New candidates and neophyte campaigns can look to the Pledge for some basic policy objectives. The message is clear: focus on the big, primarily economic, issues. Second, with liberals and media (I repeat myself) spinning the notion that Republicans are “divided,” it is helpful to put out a document that various factions of the party can agree with. Social conservatives are generally delighted, and economic conservatives should be as well, with strong statements on taxes, spending control, and repeal of ObamaCare. (Recall that not too long ago, there was disagreement on the right as to whether “repeal and replace” was the correct position.) Hawks should be pleased with the robust statements on missile defense and the war on terror. (“We will oppose all efforts to force our military, intelligence, and law enforcement personnel operating overseas to extend ‘Miranda Rights’ to foreign terrorists.”) And finally, the document doesn’t create any problems for candidates — nothing too extreme, nothing for the left to seize upon as wacky. Even on the hot-button issue of abortion, the positions articulated are ones that garner substantial popular support:

We will establish a government-wide prohibition on taxpayer funding of abortion and subsidies for insurance coverage that includes abortion. This prohibition would go further and enact into law what is known as the Hyde Amendment as well as ban other instances of federal subsidies for abortion services. We will also enact into law conscience protections for health care providers, including doctors, nurses, and hospitals.

John McCormack sums up: “There are, of course, other ‘social’ conservative issues–like embryo-destructive research and ‘Don’t Ask, Don’t Tell’ — but the party is divided on those issues, which explains why the House GOP didn’t put them in the pledge.” Sounds like these people actually want to win this time.

And on immigration reform, restraint also was evident:

The problem of illegal immigration and Mexican drug cartels engaged in an increasingly violent conflict means we need all hands on deck to address this challenge. We will reaffirm the authority of state and local law enforcement to assist in the enforcement of all federal immigration laws. … We must take action to secure our borders, and that action starts with enforcing our laws. We will ensure that the Border Patrol has the tools and authorities to establish operational control at the border and prohibit the Secretaries of the Interior and Agriculture from interfering with Border Patrol enforcement activities on federal lands.

Not exactly fire and brimstone stuff. Instead, sensible, modest, and popular.

Ultimately, what’s in the document is not so important as having a document and avoiding numerous potholes. The GOP did that. That’s not bad for a party that was flat on its back two years ago.

So Much for the Summit

“Little sign of common ground at health-care summit,” reads the Washington Post headline. In other words, the entire spin of yesterday — that there was not that much separating Democrats and Republicans — didn’t survive 24 hours. But, of course, it was absurd for Obama to ever have claimed otherwise. He’s in favor of massive, expensive, and comprehensive legislation that will cost more than a trillion dollars, and Republicans are not. As the Post explains:

Republicans argued repeatedly that proposed Democratic legislation now stalled in Congress should be thrown out in favor of starting over with an incremental approach to solving the nation’s health care problems. Democrats rejected that idea and defended the legislation, saying that many issues are connected. They said reform demands a holistic approach that provides insurance coverage to more people while reducing the federal deficit.

Obama derided this as “baby steps,” but unless Nancy Pelosi has some extra votes, and no one thinks she does, that is precisely where we are heading. You see, it’s not just the chasm between the two parties, but the major differences among Democrats that has stalled ObamaCare. (“There were also major unresolved divisions within the Democratic Party, whose leaders were looking beyond a meeting they expected to amount to little more than political theater and focusing on a final round of negotiations within the party.”)

So what was accomplished yesterday? Republicans enlisted the president to make their point: they have ideas that are very different from Obama’s. Obama does not have the will or the legislative finesse, at least not now, to craft a more modest bill that would pick up bipartisan support. After the Massachusetts-election fiasco, he decided to double down, banking that he could somehow change minds or embolden his party to rally around a grossly unpopular plan. It defies common sense, and yet that was the course he chose. It was a strategy born of hubris and poor judgment. He and his party are now facing … what was it? … yes, a precipice. If he fails spectacularly, he may need to reconsider those “baby steps” and may regret having looked down his nose at what may be his only viable exit strategy.

In the meantime, the Party of No showed itself to be concerned and well-informed on health care and more in tune with the vast majority of voters. It was in a very real sense another Olympic moment. Instead of Rio, the big winner this time was the GOP.

Could Democrats Save Themselves?

Douglas Schoen, a Democratic pollster and adviser, has a heretical idea: the Democrats should co-opt the Tea Party movement. That’s right — don’t mock or ignore or deride the Tea Party activists. Join ‘em! He explains why radical action is needed: “The Democratic brand is in trouble—big trouble. There are at least eight Senate seats up for grabs, and another two or three potentially in play, putting control of the Senate in play.” So what to do? For starters:

They need pro-growth, fiscally conservative policies. The tea party movement is not a Republican movement, and anyone who sees it as such is making a mistake. Rather, the tea party movement is a reaffirmation of a trend that has long been happening in American politics since 1964, with the move away from liberal, big-spending and big-taxing policies. It played out with California’s Proposition 13 in 1978, which limited property taxes there and inspired nationwide tax revolts just two years before Ronald Reagan was elected. It was evident when the Republicans won control of the House and Senate in 1994. And it certainly contributed to George W. Bush’s election and re-election in 2000 and 2004.

Well, that’s going to go over like a lead balloon in the Democratic party and among liberal pundits. They’ve been calling the Tea Partiers wackos and urging the passage of the leftist agenda. Schoen says this is nuts. (“It is a profound mistake to believe that the Democratic resurgence and President Barack Obama’s election were a validation or an endorsement of a return to big government and Democratic liberalism.”) No more ObamaCare, he says. Forget it. The voters have rejected it. Instead, focus on jobs and — tax cuts. Yeah, wow. He argues:

These policies include a broad-based payroll tax holiday, building from the one Sens. Charles Schumer (D., N.Y.) and Orrin Hatch (R., Utah) have embraced, an extension of the Bush tax cuts, educational initiatives to educate the next generation of entrepreneurs, and tax policies that provide clear incentives to small businesses to get started and to hire new employees.

(This, by the way, is how you know Evan Bayh wasn’t a moderate or centrist; he never said any of this.) Schoen’s formula for success is, in effect, “not Obama” — “deficit reduction and spending cuts, as well as a willingness to consider a continuation of the Bush tax cuts for another year until growth is stimulated.” And on health care, he counsels that the Democrats need to “start over and embrace ideas that have broad-based support, like insurance reform, cost control, affordability, eliminating denials of insurance coverage based on pre-existing conditions, and electronic record-keeping.”

Republicans reading this may get nervous. What if the Democrats listen to him? They needn’t fear. The chances are quite slim that Obama and the Democratic congressional leadership would accept all this reasoned advice, for it would be a massive admission of error and a validation of what Republicans have been saying for over a year.

After the November election, the Democrats may have no choice. But for now, I think they’ll go right on trekking over that “precipice.” Schoen’s got the right idea — just the wrong audience.

No Chair When the Music Stops

California Governor Arnold Schwarzenegger expressed doubt and concern on Monday about the Senate health-care reform bill. National media haven’t given this nearly the coverage they awarded his expressions of support for the overall ObamaCare effort in July and October. But under the mainstream media’s radar, the Governator was going soft on the Democrats’ health-care reform as early as last week, and the reason for his shifting posture is the cost to California.

Schwarzenegger’s prior attempt at health-care reform in California makes a superb cautionary tale. The 2006 proposal, advanced by Democrats in Sacramento and substantially endorsed by the governor, was eerily similar to the U.S. Senate bill to be voted on this week. It incorporated an individual mandate to purchase health insurance; increased employer costs through either insurance premiums for workers or a tax penalty; vague and open-ended bureaucratic measures to control costs; expanded enrollment in Medicaid/Medi-Cal; and subsidies to those with incomes up to 400 percent of the federal poverty level who would be required by law to buy insurance.

There was no question this plan would cost more. Even friendly analysts concluded that it would add between $6.8 and $9.4 billion in state costs, while causing private health expenses to rise by 9.9 percent per year and employer costs to rise by 8.8 percent per year. California, the analysts pointed out, has 12 times as many “uninsured workers under 65” as Massachusetts; the Bay State’s solutions would be overwhelmed by sheer numbers in the Golden State.

Yet, until the housing-market collapse stopped California’s decade-long spending spree in its tracks, state Democrats were pushing their health-care reform proposal vigorously — with the support of the Republican governor. A CATO Institute analysis pinpointed why: the state Democrats’ plan relied heavily on federal matching funds. A bit of comically transparent budgetary sleight-of-hand would have enabled California to shift most of its additional costs to the other 49 states.

The bill in the U.S. Senate this month, however, will impose on California all the inevitable costs of mandating universal “insurance coverage” in California, and then some. California doesn’t have the advantage of recalcitrant Democratic senators whose votes need to be bought with Medicaid-funding relief, as Ben Nelson’s (NE) and Mary Landrieu’s (LA) were. California’s senators, Barbara Boxer and Dianne Feinstein, are some of the “safest” party-line voters in Congress. The result is a case of unpleasant consequences that must be humorous to those who don’t live in the Golden State.

The game of “musical health care costs” is only just starting across America. Senators Nelson and Landrieu think they have already grabbed their states’ seats for when the music stops. But the impact on the states — especially an unequal impact — may well be the spike on which the Democrats’ plan is ultimately impaled. Federalism, uniquely strong in America, has not yet had its say on this topic.

Why the Universal Health-Care Insurance Fetish?

Republicans have been tossing out alternatives to government-centric ObamaCare for some time. They have suggested, among other ideas, that we change the tax treatment of individually purchased insurance plans, reform the tort system, and allow interstate insurance sales. But now Jim Prevor raises an interesting and compelling question: if people want to go without insurance and instead self-insure, why is it the government’s job to stop them? Or put differently:

The fact that the national debate has focused on insurance for health care–as opposed to the accessibility of care–is a byproduct of the particular worldview that all “basic needs” should be provided by communal institutions, preferably the government but, alternatively, highly regulated companies that do the government’s bidding.

Prevor suggests that we ”give families money or vouchers that they could use to buy health insurance or any other thing they deemed helpful to their family’s future” and urges lawmakers to work on the supply side of care, not insurance, by among other things “wreak[ing] havoc on the American Medical Association’s efforts to restrain the supply of doctors.” Along the lines of Prevor’s argument, one of the more successful ventures in the Bush administration was emphasis on community health centers that expand care for needy Americans, quite apart from the insurance part of the equation. And expansion of medical accounts, which allows individuals to either buy insurance or pay for medical cost directly, would, following Prevor’s argument, maintain personal responsibility, individual choice, and make health-care purchases more accessible by allowing individuals to use pre-tax dollars to pay for their own care.

But what of the “cost shifting” problem caused by uninsured people? Well, now that the Democrats propose to dump millions of people into Medicare, which doesn’t fully compensate doctors and hospitals, it appears as though that argument is going by the wayside. Furthermore, as Mike Tanner of CATO has explained, cost shifting in the current system has been exaggerated and may account for a small portion of health-care costs. He notes that “it is a manageable problem. According to Jack Hadley and John Holahan of the left-leaning Urban Institute, uncompensated care for the uninsured amounts to less than 3% of total healthcare spending — a real cost, no doubt, but hardly a crisis.”

Tanner has also addressed the implied assumption of health-care reformers that universal health-care insurance will improve the nation’s collective health. He says that “in reviewing all the academic literature on the subject, Helen Levy of the University of Michigan’s Economic Research Initiative on the Uninsured, and David Meltzer of the University of Chicago, were unable to establish a ‘causal relationship’ between health insurance and better health. Believe it or not, there is ‘no evidence,’ Levy and Meltzer wrote, that expanding insurance coverage is a cost-effective way to promote health.” A New England Journal of Medicine article in 2006 likewise found that “health insurance status was largely unrelated to the quality of care.” It seems as though even if we force people to self-insure, they may not wind up much healthier.

In sum, Prevor raises a key point: the fixation on universal health-care insurance has distorted the health-care debate. It might, as he suggests, be a good time to take a step back and see whether the quest for universal insurance is really where we should be focusing our attention. Maybe it is time, as he puts it, to remember that “the moral imperative is not making everyone buy insurance. The moral imperative is freedom.”

The Devil Is in the Details

The AP reports:

Americans are worried about hidden costs in the fine print of health care overhaul legislation, an Associated Press poll says. That’s creating new challenges for President Barack Obama as he tries to close the deal with a handful of Democratic doubters in the Senate.

For months the president held dog-and-pony shows at the White House, refused to talk about specifics, and declined (still has) to put forth his own health-care bill. We know why. When it gets down to the details, the public hates what he is selling:

For example, asked if everyone should be required to have at least some health insurance, 67 percent agreed and 27 percent said no. The responses flipped when people were asked about requiring everybody to carry insurance or face a federal penalty: 64 percent said they would be opposed, while 28 percent favored that. … “I think it’s crazy. I think it infringes on our rights as a citizen, forcing us to do these things,” said Eli Fuchs, 26, of Marietta, Ga.

Likewise, support for a ban on denial of insurance coverage for pre-existing conditions drops dramatically when people find out that their own insurance costs will go up, and support for mandates on employer coverage plunges when voters hear there are fines for employers who don’t comply.

No wonder the president wanted to avoid getting into the nitty-gritty specifics for so long. Who wants to be the bearer of bad news? But it’s not easy to pass legislation that is exceptionally controversial without getting into the weeds and confronting criticism head on. If Obama is such a great orator and so persuasive, why didn’t he tell the public about the “trade-offs” that are now proving to be a stumbling block?

Obama kept telling us during the campaign that politicians — those old-fashioned pols he was going to replace — didn’t treat voters like adults and deliver them tough medicine. But he’s done precious little of that since being elected. And by avoiding a full and thoughtful conversation on what he really wants — much higher taxes, a raft of new regulations with stiff penalties, and more government control of health care — he has left the heavy lifting to Harry Reid (never a good idea), and left the American people feeling like he’s tried to pull a fast one (also never a good idea).

From COMMENTARY: Health Care in Three Acts

As President Bush prepares to address the issue of health care in his State of the Union address, COMMENTARY is fortunate to have a trenchant analysis of the wider problem, “Health Care in Three Acts,” by Eric Cohen and Yuval Levin, coming out in the February issue. Here is an advance look.

Americans say they are very worried about health care: on generic lists of voter concerns, health issues regularly rank just behind terrorism and the Iraq war. And politicians are eager to do something about it. To empower consumers, the White House has advanced the idea of Health Savings Accounts; to help the uninsured, it has explored using Medicaid more creatively. Senator Edward Kennedy of Massachusetts, the Democrats’ leader on this issue, has backed “Medicare for all.” The American Medical Association has called for tax credits to put private coverage within reach of more Americans. A number of recent books have proposed solutions to our health-care problems ranging from socialized medicine on the Left to laissez-faire schemes of cost containment on the Right. In Washington and in the state capitals, pressure is building for serious reforms.

But what exactly are Americans worried about? Untangling that question is harder than it looks. In a 2006 poll, the Kaiser Family Foundation found that while a majority proclaimed themselves dissatisfied with both the quality and the cost of health care in general, fully 89 percent said they were satisfied with the quality of care they themselves receive. Eighty-eight percent of those with health insurance rated their coverage good or excellent—the highest approval rating since the survey began 15 years ago. A modest majority, 57 percent, were satisfied even with its cost.

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