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Abdulrahman El-Sayed

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The Mandate and Its Enemies

Posted: 03/27/2012 12:08 pm

On the coattails of its second anniversary, the Supreme Court is hearing arguments regarding the constitutionality of the Affordable Care Act (ACA).

The question at hand is the legality of the "health insurance mandate." Requiring citizens to purchase health insurance on the private market, it stands as the first leg of the "three-legged stool" of health care reform -- the others being subsidies to help poor Americans pay for now-required health insurance, and laws forbidding health insurers from discriminating based on pre-existing conditions.

Such a moment occasions a peer back into the history of health reform to ask: Why the mandate in the first place?

There are two answers: the political answer, and then the technical answer.

First, the political answer: Because the multibillion-dollar health insurance industry had a lot to lose in health reform.

Stalwarts on the left have understood health reform to mean a complete reconstruction of the health system -- a move to the single-payer or single-provider system that have worked so well in other high-income countries.

Our health system has been a (pseudo-)market system for decades, and the industry that had the most to lose was the health insurance industry -- proud owners of a market that would no longer exist if the government was to take on health care. Unwilling to tolerate reforms that would destroy its market, the health insurance industry and its partners dumped billions of dollars into lobbying, especially among its natural market-friendly allies on the right, against any reform plan that wouldn't leave room for health insurance. As money tends to in Washington, it won.

The watered-down health reform we got was one that secured the financial future for the health insurance industry.

Which leads to the technical answer: Because that health insurance market health reform ultimately secured is really quirky.

Health insurance is profitable because some people get sick, and others don't. Insurance companies lose when people get sick -- they have to shell out thousands of dollars to doctors and hospitals to pay for policyholders' care. But what more than makes up for those costs are premiums from those who don't get sick. The healthy folks, in effect, subsidize the costs of the ill.

But what happens when the people who are least likely to get sick realize they could probably get away without insurance?

The market takes a nosedive. Because there aren't enough healthy people now to subsidize the sick, insurers scramble to make up for the missing money somehow. They do one of two things: They charge higher premiums, which exacerbates the cost of insurance for the healthy -- in effect forcing more of them out of the market, and in turn driving premiums even higher. Or they make up the extra costs by purging their most expensive (read sickest) customers -- selecting only healthy customers who are willing to pay the premiums but won't cost as much on the back end.

This quirkiness is ultimately what led to the sorry state of American health care pre-reform: 50 million Americans uninsured, and insurance companies rejecting people with pre-existing conditions left and right.

That's where the mandate comes in. It solves this problem entirely because it forces the healthy folks back into the market, keeping insurance prices affordable and relieving (although not entirely) the incentive for insurers to reject based on pre-existing conditions.

Now here's the big secret: Our health care "reform" hasn't actually reformed anything -- all its done is make an existing market, the health insurance market, more efficient. You'd think that the right would laud such a pro-market solution. After all, they came up with the idea.

And that's why I tell this story -- the health insurance mandate was a compromise that effectively guaranteed the health insurance market in America for years to come by making that market more efficient and guaranteeing it paying customers into the future. Why, then, is the right attacking it?

Not because they are the great protectors of the rights of the common man as they might argue -- far from it.

Rather, it's because health care reform will relieve the health care worries of millions of Americans. It is, by most accounts, the most substantial piece of pro-poor legislation since the New Deal. And as it's rolled out over the next several years, the poor will quickly feel the effects in their pocketbooks -- and in their health. Just as the New Deal galvanized support for the left for decades thereafter, the ACA stands to do the same. And its opponents will do anything to stop that from happening. Even go after a pro-market policy they themselves came up with.

 

Follow Abdulrahman El-Sayed on Twitter: www.twitter.com/elabdul

On the coattails of its second anniversary, the Supreme Court is hearing arguments regarding the constitutionality of the Affordable Care Act (ACA). The question at hand is the legality of the "heal...
On the coattails of its second anniversary, the Supreme Court is hearing arguments regarding the constitutionality of the Affordable Care Act (ACA). The question at hand is the legality of the "heal...
 
 
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11:21 AM on 03/28/2012
The word mandate is a joke without a punchline. The first paycheck a person earns the mandate for SS and Medicare is withheld. The ultrasound laws are a mandate which controls a womans body and that she must pay for it is an insult. The Medicare Drug Plan is a mandate with a penalty, and with no stops on the premiums or cost of drugs, which have doubled since it was put in place.

There are mandates all over society like helmet laws for cycle riders, uninsured motorist insurance for drivers. Everywhere you look there's a mandate of some sort. If the SCOTUS strikes the mandate from healthcare will all other mandates have to fall as well? The word mandate is not a compromise its a scarey buzz word made up by the right to give credence to whatever lie a politician can make up about it.
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Gestas
Mountain Man
10:53 AM on 03/28/2012
The problem is simple....Poor people are just living to long..Longevity, should be reserved for the wealthy...
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HUFFPOST SUPER USER
Ted229
10:30 AM on 03/28/2012
The mandate is simply unconstitutional.
George Picard
Send lawyers, guns and money
10:29 AM on 03/28/2012
I do not like the idea of ObamaCare forcing me to buy insurance from Obamas Buddies at Big HealthCare.
09:36 AM on 03/28/2012
If you look at the first 10 countries on the World Health Organization rankings, they all have single payer health care. All ten have costs at a fraction of the US (Number 1 in terms of cost). None of these countries are led by dictators.
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CelticMajic
The answer lies in each of us individually
09:25 AM on 03/28/2012
"The health insurance mandate was a compromise" (?) Between who?
09:14 AM on 03/28/2012
"Why, then, is the right attacking it?"

To bring down Obama. Period.
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takingtones
The GOP Does Not Support Democracy
08:48 AM on 03/28/2012
The Cons oppose this because it is an Obama victory. They are using it as a political weapon. When the SCOTUS over turns the individual mandate, the Cons will use that as a mandate against the policies of Obama.
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HUFFPOST SUPER USER
Ted229
10:31 AM on 03/28/2012
In a nutshell, an Obama victory = unconstitutional. What a great victory.
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takingtones
The GOP Does Not Support Democracy
09:46 AM on 03/29/2012
Let me hear your argument as to why you think its unconstitutional.
07:55 AM on 03/28/2012
Insurance Premiums rising for the subscribers to cover the uninsured? Fact; it's already priced in, and has been forever. In order for the above argument to work, the given is there is no "priced in" cost now. Who are you kidding? Not me. I know when the insurance rate goes up, (and it will) liberals will say they either underestimated the number of deadbeats in the emergency rooms, or underestimated the amount of care provided. The next question? Why isnt the Health Insurance Industry fighting this law tooth and nail? Think about it.
gincho
Toujours l'amour
07:46 AM on 03/28/2012
Rather than making assumptions about what HCR would or would not do, why not look at the reality of what it has done where it has been implemented? By all accounts, it appears to be highly successful in Mass. and is improving the health of the state, reducing costs and appreciated by those affected by it. What are people so afraid of??? Health care is elemental to our lives, why reject it?
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04:00 AM on 03/28/2012
"Our health system has been a (pseudo-)market system for decades, and the industry that had the most to lose was the health insurance industry -- proud owners of a market that would no longer exist if the government was to take on health care."

If the government paid for health care, why shouldn't it pay for actual necessities like food and water?
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09:37 AM on 03/28/2012
This reform is not about the government paying for health care. In fact the question before the court is whether the government can require CITIZENS to pay for it. The government may not pay for water and food, but it does help to give us clean water and non- poisonous foods and drugs.
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01:23 PM on 03/28/2012
The author of this piece indicates he believes that the government should create a single payer system. That is what my comment is in response to.
01:41 AM on 03/28/2012
there is nothing wrong with my comment.. what are you afraid of ?
HUFFPOST SUPER USER
georgeny
01:24 AM on 03/28/2012
Enemies? Since when do laws, allegedly properly enacted, have enemies and not opponents? Making access to healthcare more equalitarian is a great idea. But a coercive system to force people to buy a non-competitive product it just strikes one as wrong. Better to divorce health insurance from work and just give people money to buy what they need as individuals, but, of course thats not an idea either wing of the uniparty finds acceptable, might upset the status quo.
12:39 AM on 03/28/2012
obama was for against it before he was for it.. he was correct when he was against it...
02:18 AM on 03/28/2012
The GOP was for it before they were against it, which didn't happen until a Democrat passed it.
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02:22 AM on 03/28/2012
President Obama made the unwarranted assumption that the Republicans could not possibly oppose their own policies and proposals.
12:09 AM on 03/28/2012
I'm uninsured and I'm an enemy of this legislation. It's not just the right and it's not just the rich who are opposed to this. My fellow Americans owe me nothing. I'm an independent person, who doesn't expect handouts from the government. I've seen first-hand what this sort of legislation has done to Europe and I want to tell all Americans: YOU DO NOT WANT THIS.
01:50 AM on 03/28/2012
You mean like Switzerland where they spen about half what we do on healthcare (as a % of GDP) and have better results? Their system works much better than ours. You say you don't want a hand out, so I assume since you are uninsured that if you get sick and go to the hospital you will refuse care if you can't afford it? Otherwise you are making others pay for it and your statements ring hollow.
annyp
A Canuck, eh!
02:10 AM on 03/28/2012
I would guess, if you get sick, you will not seek help and make a chose to die. Do you have family or do you not care about them and only yourself? Or maybe you have lots of money. Sad, that you just don't care enough about yourself and other people even less.