Wednesday, July 29, 2009

Freedoms lost



In a follow-up to the flowchart posted on monday and tuesday, here is another independent assessment of major concerns related to the Obama health care proposals.

Obama continues to use the straw man fallacy by making statements about having to do it his way or leaving it alone; but no one on the Republican side has ever stated we wanted to leave it exactly as it is.

This is typical Obama rhetoric that the media does not hold him accountable.

There are much better ways to improve our system without destroying it. And as a poster said yesterday, this really isn't about healthcare as much as it is about power and control from Obama and the Democrats.




The CBO also has published these graphs showing the tremendous debt and deficit Obama will cause.

You'll lose 5 key freedoms under Obama's health care plan - Jul. 24, 2009

5 freedoms you'd lose in health care reform

If you read the fine print in the Congressional plans, you'll find that a lot of cherished aspects of the current system would disappear.

By Shawn Tully, editor at large

July 24, 2009: 10:17 AM ET

NEW YORK (Fortune) -- In promoting his health-care agenda, President Obama has repeatedly reassured Americans that they can keep their existing health plans -- and that the benefits and access they prize will be enhanced through reform.

A close reading of the two main bills, one backed by Democrats in the House and the other issued by Sen. Edward Kennedy's Health committee, contradict the President's assurances. To be sure, it isn't easy to comb through their 2,000 pages of tortured legal language. But page by page, the bills reveal a web of restrictions, fines, and mandates that would radically change your health-care coverage.

If you prize choosing your own cardiologist or urologist under your company's Preferred Provider Organization plan (PPO), if your employer rewards your non-smoking, healthy lifestyle with reduced premiums, if you love the bargain Health Savings Account (HSA) that insures you just for the essentials, or if you simply take comfort in the freedom to spend your own money for a policy that covers the newest drugs and diagnostic tests -- you may be shocked to learn that you could lose all of those good things under the rules proposed in the two bills that herald a health-care revolution.

In short, the Obama platform would mandate extremely full, expensive, and highly subsidized coverage -- including a lot of benefits people would never pay for with their own money -- but deliver it through a highly restrictive, HMO-style plan that will determine what care and tests you can and can't have. It's a revolution, all right, but in the wrong direction.

Let's explore the five freedoms that Americans would lose under Obamacare:

1. Freedom to choose what's in your plan

The bills in both houses require that Americans purchase insurance through "qualified" plans offered by health-care "exchanges" that would be set up in each state. The rub is that the plans can't really compete based on what they offer. The reason: The federal government will impose a minimum list of benefits that each plan is required to offer.

Today, many states require these "standard benefits packages" -- and they're a major cause for the rise in health-care costs. Every group, from chiropractors to alcohol-abuse counselors, do lobbying to get included. Connecticut, for example, requires reimbursement for hair transplants, hearing aids, and in vitro fertilization.

The Senate bill would require coverage for prescription drugs, mental-health benefits, and substance-abuse services. It also requires policies to insure "children" until the age of 26. That's just the starting list. The bills would allow the Department of Health and Human Services to add to the list of required benefits, based on recommendations from a committee of experts.

Americans, therefore, wouldn't even know what's in their plans and what they're required to pay for, directly or indirectly, until after the bills become law.

2. Freedom to be rewarded for healthy living, or pay your real costs

As with the previous example, the Obama plan enshrines into federal law one of the worst features of state legislation: community rating. Eleven states, ranging from New York to Oregon, have some form of community rating. In its purest form, community rating requires that all patients pay the same rates for their level of coverage regardless of their age or medical condition.

Americans with pre-existing conditions need subsidies under any plan, but community rating is a dubious way to bring fairness to health care. The reason is twofold: First, it forces young people, who typically have lower incomes than older workers, to pay far more than their actual cost, and gives older workers, who can afford to pay more, a big discount. The state laws gouging the young are a major reason so many of them have joined the ranks of uninsured.

Under the Senate plan, insurers would be barred from charging any more than twice as much for one patient vs. any other patient with the same coverage. So if a 20-year-old who costs just $800 a year to insure is forced to pay $2,500, a 62-year-old who costs $7,500 would pay no more than $5,000.

Second, the bills would ban insurers from charging differing premiums based on the health of their customers. Again, that's understandable for folks with diabetes or cancer. But the bills would bar rewarding people who pursue a healthy lifestyle of exercise or a cholesterol-conscious diet. That's hardly a formula for lower costs. It's as if car insurers had to charge the same rates to safe drivers as to chronic speeders with a history of accidents.

3. Freedom to choose high-deductible coverage

The bills threaten to eliminate the one part of the market truly driven by consumers spending their own money. That's what makes a market, and health care needs more of it, not less.
Hundreds of companies now offer Health Savings Accounts to about 5 million employees. Those workers deposit tax-free money in the accounts and get a matching contribution from their employer. They can use the funds to buy a high-deductible plan -- say for major medical costs over $12,000. Preventive care is reimbursed, but patients pay all other routine doctor visits and tests with their own money from the HSA account. As a result, HSA users are far more cost-conscious than customers who are reimbursed for the majority of their care.


The bills seriously endanger the trend toward consumer-driven care in general. By requiring minimum packages, they would prevent patients from choosing stripped-down plans that cover only major medical expenses. "The government could set extremely low deductibles that would eliminate HSAs," says John Goodman of the National Center for Policy Analysis, a free-market research group. "And they could do it after the bills are passed."

4. Freedom to keep your existing plan

This is the freedom that the President keeps emphasizing. Yet the bills appear to say otherwise. It's worth diving into the weeds -- the territory where most pundits and politicians don't seem to have ventured.

The legislation divides the insured into two main groups, and those two groups are treated differently with respect to their current plans. The first are employees covered by the Employee Retirement Security Act of 1974. ERISA regulates companies that are self-insured, meaning they pay claims out of their cash flow, and don't have real insurance. Those are the GEs (GE, Fortune 500) and Time Warners (TWX, Fortune 500) and most other big companies.

The House bill states that employees covered by ERISA plans are "grandfathered." Under ERISA, the plans can do pretty much what they want -- they're exempt from standard packages and community rating and can reward employees for healthy lifestyles even in restrictive states.
But read on.


The bill gives ERISA employers a five-year grace period when they can keep offering plans free from the restrictions of the "qualified" policies offered on the exchanges. But after five years, they would have to offer only approved plans, with the myriad rules we've already discussed. So for Americans in large corporations, "keeping your own plan" has a strict deadline. In five years, like it or not, you'll get dumped into the exchange. As we'll see, it could happen a lot earlier.

The outlook is worse for the second group. It encompasses employees who aren't under ERISA but get actual insurance either on their own or through small businesses. After the legislation passes, all insurers that offer a wide range of plans to these employees will be forced to offer only "qualified" plans to new customers, via the exchanges.

The employees who got their coverage before the law goes into effect can keep their plans, but once again, there's a catch. If the plan changes in any way -- by altering co-pays, deductibles, or even switching coverage for this or that drug -- the employee must drop out and shop through the exchange. Since these plans generally change their policies every year, it's likely that millions of employees will lose their plans in 12 months.

5. Freedom to choose your doctors

The Senate bill requires that Americans buying through the exchanges -- and as we've seen, that will soon be most Americans -- must get their care through something called "medical home." Medical home is similar to an HMO. You're assigned a primary care doctor, and the doctor controls your access to specialists. The primary care physicians will decide which services, like MRIs and other diagnostic scans, are best for you, and will decide when you really need to see a cardiologists or orthopedists.

Under the proposals, the gatekeepers would theoretically guide patients to tests and treatments that have proved most cost-effective. The danger is that doctors will be financially rewarded for denying care, as were HMO physicians more than a decade ago. It was consumer outrage over despotic gatekeepers that made the HMOs so unpopular, and killed what was billed as the solution to America's health-care cost explosion.

The bills do not specifically rule out fee-for-service plans as options to be offered through the exchanges. But remember, those plans -- if they exist -- would be barred from charging sick or elderly patients more than young and healthy ones. So patients would be inclined to game the system, staying in the HMO while they're healthy and switching to fee-for-service when they become seriously ill. "That would kill fee-for-service in a hurry," says Goodman.

In reality, the flexible, employer-based plans that now dominate the landscape, and that Americans so cherish, could disappear far faster than the 5 year "grace period" that's barely being discussed.

Companies would have the option of paying an 8% payroll tax into a fund that pays for coverage for Americans who aren't covered by their employers. It won't happen right away -- large companies must wait a couple of years before they opt out. But it will happen, since it's likely that the tax will rise a lot more slowly than corporate health-care costs, especially since they'll be lobbying Washington to keep the tax under control in the righteous name of job creation.

The best solution is to move to a let-freedom-ring regime of high deductibles, no community rating, no standard benefits, and cross-state shopping for bargains (another market-based reform that's strictly taboo in the bills). I'll propose my own solution in another piece soon on Fortune.com. For now, we suffer with a flawed health-care system, but we still have our Five Freedoms.

Call them the Five Endangered Freedoms.

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8 Comments:

Anonymous Anonymous said...

This whole health care reform initiative by the Democrats reminds me of a quote that I recently read. Congress is the only organization in the USA that can pass legislation that causes society big problems and then the individual members run for re-election promising to fix all of the problems that the congress caused. The free market is the only reform of health care that will work. That requires an absence of government. Congress is unable to keep from meddling. Vote accordingly. I for one, am praying for another 1994 style Republican Revolution.

7/29/2009 07:09:00 AM  
Anonymous Anonymous said...

I just received a letter from Anthem that my personal health insurance policy rate will be going up 14% next month. Their excuse..... the higher cost of medications and technology. But, fact is, because of the trend towards generics and the limitation by the plan for "unnecessary tests" (such as an MRI on my back which they deemed was unnecessary), my cost to them has significantly decreased over the last several years. However, their CEO is obnoxiously putting more of my money in his own pocket. Somehow, someway, there has got to be more transparency as to what I actually cost them and where my money is going.

7/29/2009 08:57:00 AM  
Anonymous Anonymous said...

To: Anthem policy holder. Do the free market thing - shop around. If you do not have high medical costs, maybe you can get by with a higher deductible? Anthem has a history of being high-priced. While you can, and before the government reforms shut down all private insurance plans, do the right thing - get another policy.

7/29/2009 09:14:00 AM  
Blogger Slim said...

My company recently faced a large premium increase from its insurer, Humana. We went with a larger deductible - increased from $500 to $1,000 and a slightly larger copay - $15 to $20. We kept the premiums the same, actually a little lower.

Slim

7/29/2009 10:13:00 AM  
Anonymous Anonymous said...

Slim, the price of your insurance still went up. You're just buying less of it.

7/29/2009 01:00:00 PM  
Anonymous Anonymous said...

This is not a blanket defense of insurance companies, but ins. companies make money by investing your premiums. They are not a lock box for your money. The economy has tanked in the last 18-24 months. The net worth of all investments has declined by 30+/- percent. So, all ins. companies have had to raise premiums because their assets have declined.
And yes they do make profits. Since when has that been illegal? This is a profit driven private economy. How far do some of you want to go nationalizing/socializing the economy?

7/29/2009 01:17:00 PM  
Blogger Christopher D said...

Look, we do NOT have a healthcare crisis, healthcare is available to all.
What we have is two issues, AFFORDABLE healthcare, and a healthcare insurance crsis.

Since we have done the good old fashioned American way of politicising this issue with liberals V conservatives, we have lost ANY chance of reaching ANY reasonable resolution to this.
Meanwhile, Anthem, Humana, and the other big insurance companies are going to continue to get fat and rich and line the pockets of the elected representative in Washington, the best politicians in the world that lobbyist money can buy.

People, this is not a political issue, it is a human issue.

7/29/2009 02:48:00 PM  
Blogger Jeff Gillenwater said...

Health care shouldn't be a part of the regular, private, profit-driven economy. It's not a widget that one can simply do without.

The free market has never provided universal care, and there's no indication that it will or even has a desire to.

The problem is further exacerbated by the fact that private insurers do not want to directly compete for consumer directed dollars (as they would in an open exchange) and are willing to lay out millions upon millions of dollars to avoid doing so. That's money that could be going to provide care or to offset losses in other areas but is instead being used against the interests of those paying premiums.

Still, there are more people being gouged, under served, or not served at all by our current insurance/health care mess than there are becoming wealthy from it. It's just a matter of which constituency our politicians choose to serve.

7/29/2009 02:59:00 PM  

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