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Health-Care ‘Reform’ Schemes in Congress: Bailouts for the Insurance Industry

by Andy Coates  / September 2009

 

The election of Obama raised expectations for sweeping health reform sky high. But in spite of several self-imposed deadlines, Senate and House health-reform bills were not ready by the time of the August Congressional recess, when passionate local debate erupted at Congressional home district town hall meetings.

 

The Onion pierced the din: “After months of committee meetings and hundreds of hours of heated debate, the United States Congress remained deadlocked this week over the best possible way to deny Americans health care.”

 

If the goals are health care for all and reduced costs of care, the measures being prepared in Congress will not reform the health system. Instead they amount to a financial rescue package for the private health insurance industry.

 

In 2007 more than one out of five working-age people were uninsured for a year or longer. One out of six working people had health insurance insufficient to meet the expenses of a serious illness. And there were 8 million uninsured children in the United States. At least 5 million more people have lost their health insurance in 2008 and 2009 thanks to galloping unemployment—on top of years of progressively unaffordable health insurance, inadequate coverage, and steep out-of-pocket costs.

 

The failing economy has further accelerated the crisis in health care through devastating state and local cutbacks in safety-net care. Yet the Congressional bills that have come through committee offer precious little relief for these ills, no fundamental reform—and key provisions would not start until 2013.

 

Against this background, a nascent mass movement for single-payer national health insurance, plugging away for decades, steadily accumulates new force. Single payer would deliver all necessary care for all individuals, lifelong, with no co-pays and no deductibles through a system in which health care would be publicly financed but privately delivered. By eliminating private insurance, single payer would save an estimated $400 billion annually in health spending.

 

The single-payer bills in Congress are HR 676 and S 703. HR 676 has 86 co-sponsors and has been endorsed by over 500 labor bodies, including 39 state AFL-CIO federations.

Whether a bill passes or flounders this fall, the details in the proposals that have come through Congressional committees have little connection with the popular expectations and grassroots clamor this summer. If Congress enacts reform, in 2013 individuals will be required to purchase health insurance. This is the centerpiece of the “reform.” The proposal has come straight from the insurance industry:  criminalize the uninsured and subsidize unaffordable private insurance premiums with public funds.

 

Massachusetts as a model

 

An “individual mandate” was enacted in Massachusetts under Gov. Mitt Romney in 2006. All residents of the state were required to join the private insurance risk pool or pay a fine. Supposedly, this would have reduced costs through an expansion of the risk pool. It did not. The state purchased health insurance for everyone with incomes below 150% of the federal poverty level and subsidized those making between 150% and 300% of that level. A new state agency, the Commonwealth Health Insurance Connector, was established to match individuals to private insurance plans.

 

The Connector employs more state workers to assist with the purchase of private health insurance than the province of Ontario’s Medicare employs. Canada’s Medicare is the agency that pays for all necessary medical services for all residents. Ontario’s Medicare overhead is 1.3%. In Massachusetts the Insurance Connector adds 4.5% in administrative cost to each policy it brokers.

 

The Massachusetts reform went into effect in 2007. As of March 2008, 40% of those uninsured in 2007 remained without coverage. High-deductible policies lowered premium costs by shifting more of the expense onto individuals. Physicians for a National Health Program found that a healthy 43-year-old man making just over $31,000 a year would have to pay $5096 before any insurance coverage kicks in, with additional co-pay and co-insurance costs.

 

In Massachusetts when you lose your job you still lose your health insurance. The reform does not protect you from financial ruin when illness strikes, and health insurance remains far too expensive. Neither is the program sustainable for the state. As the state budget deficit rises into the billions, funding for safety net programs and institutions has been slashed to keep the individual mandate afloat. Services that have been cut include care for the poor, emergency and primary care, mental health and addiction care.

 

In July 2009 the state revoked subsidized health insurance for 30,000 legal immigrants.  A 2008 survey of opinion intended to bolster the program found that 50% of those directly affected by the reform in Massachusetts said that the “law hurt me.”

 

For healthy profits

 

The “individual mandate” is a financial bailout for the insurance industry.  Relentlessly unaffordable premiums, rising far faster than wages, have threatened the insurers’ profits.

An April 2008 New York Times business column about sagging profits at UnitedHealth carried a frank appraisal of the declining employer-sponsored private health insurance market. “It is never a good thing if many of your customers can no longer afford what you’re selling,” Reed Abelson wrote. “In recent years despite soaring medical costs, insurers have made big profits by keeping premiums well ahead of health care inflation. But analysts say that business strategy may be reaching its limits, with companies finding it harder to raise prices without losing substantial numbers of customers.”

 

The article closed with a quote from a leading health business analyst: “The hail Mary may be that we turn to some sort of universal care.”

 

Shortly after the presidential election, the insurance industry officially embraced health-care reform. A November 2008 press release from Blue Cross Blue Shield read: “The Blue Cross and Blue Shield Association (BCBSA) and the 39 member Blue Cross and Blue Shield companies today announced support for every individual being required to have coverage and all insurers being required to accept everyone regardless of their health status.”

 

If the government would only criminalize the uninsured and pay the premiums for the poor, the industry said, it would stop denying people insurance coverage because they are ill. The industry further promised that it would no longer terminate the policies of people who paid their premiums on time and women would no longer be charged more than men for health insurance—again, if and only if the federal government would deliver paying customers—and guarantee the payments too.

 

But there is growing recognition that the “reform” is indeed “truly meaningful” for the profitability of Blue Cross Blue Shield Association and its competitors. Business Week announced on its front page, “The Health Insurers Have Already Won: How UnitedHealth and rival carriers, maneuvering behind the scenes in Washington, shaped health-care reform for their own benefit.” A Los Angeles Times headline read: “Healthcare insurers get upper hand. Obama’s overhaul fight is being won by the industry, experts say. The end result may be a financial ‘bonanza.’”

 

Employer-sponsored insurance

 

Congressional proposals include a minimum annual tax of $750 and/or a tax of 2.5% of adjusted income upon people who don’t purchase health insurance. For those who still could not afford the premiums, a hardship waiver could be requested. The Senate HELP bill defines “unaffordable” as 12.5% of income or more.

 

Companies that currently arrange skimpy policies—for example, the very high deductible plans like the one Wal-Mart offers—would be protected by a grandfather clause and exempted from regulations setting forth minimum covered benefits. Recognizing that the costs of health insurance are a nonstarter for individuals, subsidies for private health insurance policies would be granted for people whose incomes are 400% of federal poverty or less. And tax credits would be given to small employers to subsidize the employer share of insurance premiums and grant payments to employers whose plans cover retirees aged 55-64.

 

But as the Congressional Budget Office began adding up the price tag—over a trillion additional dollars in costs over the coming decade—lawmakers moved to scale back the subsidy. According to the Los Angeles Times, “In May, the Senate Finance Committee discussed requiring that insurers reimburse at least 76% of policyholders’ medical costs under the most affordable plans. Now the committee is considering setting the rate as low as 65%.”

 

Bankruptcies in the United States in 2009 will affect 3.8 million people. Two-thirds are the result of debt due to illness—more than three-fourths of whom have health insurance. To prevent this, HR 3200 would cap personal costs (at $5000 for an individual and $10,000 for a family)—but only for covered services.

 

But there are more personal costs. With the rhetoric of “shared responsibility,” the House bill calls for employers to pick up at least 72.5% of the premium for an individual policy and 65% of the premium for a family. The Senate HELP bill would require employers to offer to pay 60% of the insurance premium. Consider that 40% (the direct cost to the employee) of the market price for insurance coverage for a family of four would equal 2/5ths of about $16,000—$6400 annually or $533 per month. Plus, there would be co-pays, deductibles, and the rest of the usual unaffordable out-of-pocket expenses.

 

Another feature of proposed bills is a government “exchange,” through which employers and individuals would be encouraged to purchase insurance. Individuals would not be allowed to use the exchange if their employers offer health insurance, including plans that were grandfathered. This agency would add yet another layer of expensive bureaucracy to the currently dysfunctional system, like the Connector did in Massachusetts.

 

“Public option” posturing

 

The “public option” refers to the idea that people should be free to purchase insurance from a public program, along the lines of Medicare. Proponents believe this would pressure the entire insurance market to reform itself.

 

On moral grounds, supporters of the “public option” advance the same arguments as single-payer proponents: Insurer profits amount to blood money, for every penny earned by the company is a penny’s worth of care cheated from the effort to make a human being healthy. In comparison, a public program with the lowest possible overhead, its finances open for scrutiny, presents a morally defensible means of paying for care.

 

But the “public option” amounts to a moral posture, not a workable reform.  Single payer would eliminate the insurance industry from health care, whereas a “public option” cannot. A “public option” cannot liberate the resources squandered by the private insurance companies. Instead, it adds duplicative waste in administrative overhead to the system.

 

The most relevant evidence comes from the state of Maine, which has offered a “public option” since 2003. In six years this program has managed to cover only 10% of the uninsured and has not forced its competitors to lower costs. Perhaps the currency of a “public option,” a clever market-based scheme, reveals something about popular ideological illusions, for it relies upon a crude kind of “free markets equal low costs plus high quality.”

 

Of course, this is not the way the market works.  The laws of the health-insurance market, in particular, dictate that the successful competitor will avoid insuring people who are sick and/or poor while recruiting customers who are healthy and wealthy.

 

Does it really make sense to believe that a “public option” tossed amid the heavily monopolized insurance market in the U.S. would stand a chance at competing for the healthy and wealthy patients? In the best case scenario, wouldn’t such a program instead drive the system toward officially sanctioned disparities in care?

 

Historical note: the “public option” first appeared on the scene as a proposal once Medicare was gaining the momentum required for Congressional passage. The AMA, Ronald Reagan Republicans, Dixiecrat Democrats, and other right-wing opponents of Medicare embraced the idea of allowing seniors to voluntarily purchase insurance from a public plan instead of enrolling all seniors in Medicare. Does it make sense to now embrace a proposal that was objectionable over 45 years ago?

 

Topsy turvy

 

The “public option” has been much more a political posture and much less a specific proposal.  It gave liberals and progressives permission to support a reform that would be, at its heart, a spectacular bailout for a failing financial services industry, where the government would hawk the product, coerce customers, and subsidize payments to companies.

But in response to the reform proposals, the right attacked the entire reform, not just the public option, as if it were single-payer national health insurance. In response the White House seemed prepared to jettison the “public option” (in exchange for bipartisan support for the individual mandate).

 

But the public option supporters have clung to their moral indignation.

 

Prevailing Democratic Party wisdom holds that the tragedy of the Clinton health-reform effort was a failure to maneuver legislation through Congress quickly, thanks to too much deal-making behind closed White House doors. The nuance of the Obama administration was to move the deal-making to behind the closed doors of Congressional committees.

 

Meanwhile, the White House, in parallel, also sought closed-door deals palatable to “stakeholder” profiteers, hoping to expedite bipartisan compromise.  If one accepts such “wisdom,” history seems to have repeated itself—if the first time tragedy, this time farce.

 

The Los Angeles Times reported that former Louisiana Congressman Billy Tauzin, president and CEO of the Pharmaceutical Research and Manufacturers of America (PhRMA), visited the White House six times. In exchange for a pharmaceutical industry promise to forego $80 billion in profit over 10 years, Tauzin told the Los Angeles Times, President Obama had promised not to allow importing of drugs from Canada or Europe and not to reform Medicare Part D, which has been a financial bonanza for that industry. Medicare Part D prohibits bargaining for drug prices. PhRMA in turn pledged $150 million in advertising in support of the president’s reform effort.

 

When PhRMA lobbyist and former House Republican leader Dick Armey joined the chorus of conservative talking heads attacking the reforms as a “government takeover of health care,” PhRMA forced his resignation from the lobbying firm.

 

A proposal to cut Medicare Advantage plans—the private insurers’ managed Medicare contracts that cost, on average, 14% per patient more than traditional Medicare—spurred many seniors to oppose Obama’s reform. In response, in spite of decades of GOP demands that Medicare be privatized, the Republican Party came out with a public position of “hands off Medicare.” And a Democratic Party pollster found that 39% said “yes” when asked, “Do you think the government should stay out of Medicare?”

 

Even more ironically, the Republican Party also came out in defense of the Veterans Administration, a socialized health-care system owned and operated by the federal government. In August the Congressional Budget Office released a study of the VA that once again underscored evidence that shows that the quality of care at the VA is better than Medicare, better than private practice, and better than managed care. If there were to be a truly evidence-based debate over how to pay for health care using a “uniquely American” model, it would be a debate between single payer, the Medicare model, and socialized medicine, like the VA.

 

Single-payer national health insurance, after more than 20 years of accumulating evidence, now accumulates unprecedented popular support. Although polls have shown that a majority of Americans, including physicians, favor national health insurance, the depth and passion of grassroots activism for the proposal is something new. For the first time, this fall single payer may be voted on the floor of the House of Representatives.

 

At the end of July, as the Energy & Commerce committee completed deliberations on HR 3200, Rep. Anthony Weiner of New York, with six other members of the House, put forward an amendment to replace the text of HR 3200 with the text of HR 676. House Speaker Nancy Pelosi offered to allow single payer to be voted on by the entire House of Representatives if the amendment were withdrawn from Committee. Perhaps defeating single payer on the floor of the House of Representatives seemed, to the Democratic Party leadership, a way to at last get it off the table.

 

Single-payer activists have welcomed this turn of events, for it was the direct fruit of grassroots mobilization, and a vote on the floor of the House will enhance our legitimacy. Whatever happens this fall, expectations for fundamental reform have been raised even higher. The proposals before Congress, with the exception of HR 676 and S 703, will simply not work. In the meantime, the heath-care system will grow more dysfunctional. Excellent prospects to build a movement for single-payer national health insurance will persist.

 

Dr. Andrew Coates, a member of Physicians for a National Health Program (pnhp.org), sent this article in response to a request from Socialist Action for thoughts on current proposals before Congress.

 

Human Needs, Not Profits!