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Why the Health Reform Law Fails to Meet Human Rights Standards

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Amidst the celebrations of a 'historical moment,' a healthy dose of realism seems in order as we assess the new Patient Protection and Affordable Care Act and the related reconciliation measures. What is seen as a crucial victory for the Obama Administration has been won on the backs of many grassroots activists struggling for health care as a human right and a public good, including women's and immigrants' rights groups. The lengthy health reform process has mobilized many millions of people, some new to political activism and many others veterans of the long struggle for universal health care in the United States. This political moment presented a prime opportunity for finally ending the commercialization of one of our most fundamental needs, health care. The failure to seize this opportunity will haunt us for years to come.

What is now touted as the most far-reaching social legislation in almost half a century in fact bears no resemblance to the landmark Medicare Act of 1965, which instituted a fully public insurance system with contributions shared equitably by everyone, in solidarity with older people. Instead of expanding Medicare to everyone, this new law formally affirms and solidifies the private, market-based system in which health care is the domain of a for-profit industry propped up by substantial public subsidies.

Human rights standards do not tolerate the inequities inevitably linked to a reliance on market competition to meet human needs. Yet this legislation also contains some important improvements to health care access for poor people. The Medicaid expansion and the additional funding for community health centers are very welcome and long overdue, but could have been adopted as stand-alone measures. As such, they are indeed cause for celebration, yet most pundits seem to care precious little about these provisions of the new law, despite the fact that the Medicaid expansion will account for at least half of the newly insured population. Instead, all favorable attention is showered on the subsidized expansion of the private, for-profit health insurance industry.

Yet it is precisely this aspect of the new law -- market-based health insurance reform -- that entrenches the treatment of health care as a commodity by locking us into a market mechanism that sells access to health care based on a person's ability to pay rather than their health needs. Public subsidies for pricey (and not price controlled) insurance products are intended to mitigate the inequities inherent in a for-profit system, while leaving no illusion that coverage will continue to be stratified and access to care out of reach for many. This volatile combination of at-will pricing by insurance corporations and the promise of subsidies to match prices also renders the system financially unsustainable for individuals and government alike.

In sum, the new health law fails to meet the key human rights standards of universality, equity, and accountability. Rather than guaranteeing universal health care, the law excludes many millions of people from access to coverage and care. Instead of ensuring that care is available for those who need it, the law makes access contingent on the purchase of private insurance. And rather than holding the private sector accountable for protecting the right to health, the law permits the industry's focus on their bottom line. Health care is treated as commodity, not as a universal right and a public good shared equitably by all.

Many grassroots activists and their academic and advocacy allies, including the National Economic and Social Rights Initiative, have challenged this prevailing policy paradigm and presented solid evidence that health care financing and management through market relationships is unable to meet everyone's health needs. In all other high-income countries, health systems are highly redistributive in economic terms, funded collectively through cross-subsidization with a common pool that includes all, not limited to residual public programs for certain groups. Yet Democrats in Congress and the White House did their best to silence these voices and insisted on a market-based approach despite their own better knowledge -- the President himself admitted as much when he remarked that a single payer public insurance system would be necessary to achieve universal coverage. But this was not the route pursued by our legislators, and so a workable solution was jettisoned in favor of an ideological approach approved by the health care industry.

We can turn this moment into a historical one if we take it as a new beginning, not an end, for a human right to health care movement in the United States. Grassroots campaigns are well underway for universal health care at the state and even local level, for example in California, Vermont, and Montana. By using the human rights framework to guide us, we can build a broad-based movement that inspires solidarity for sharing the public goods required to meet our fundamental needs.

 
 
 
 
 
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09:13 AM on 04/05/2010
Reform is LAW. Instead of expending energies on wondering its impact, advocates, activists, AARP should work to implement REAL reform NOW. Healthcare costs affect viability of many companies in your area. This is a useful topic for local aggressive investigative newspaper / TV reporters. Here are helpful pointers.

Research hospitals and healthcare insurance companies in your area. What will you find?

1. Hospitals over-bill for services delivered; often accepting as payment only about 20% to 30% of what it bills. Do you accept your hospital to be like a bazaar in the Mid-East? Hospitals need to adopt a "billing code of conduct" with no more cost-shifting and other shenanigans.

2. Do hospitals have a Quality Improvement and Utilization Review committees? What's their monitoring criteria? What have they found? How does their data compare to national averages?

3. From your insurance companies, (or state health commissioner's office) what are COSTS and OUTCOMES among various healthcare providers in your regions for different illnesses? How does the data compare to regional and national averages?

4. What are above groups doing to monitor and correct the widely reported high incidence of over-treatment, under-treatment and inappropriate-treatment?

5. What are hospitals / community doing to end non-emergency visits to the ER?

6. What's the community doing to reduce high cost of end-of-life care?

Wake-up and take-over at the grass-roots. Politicians will not do it for us.
Its not a Left or Right issue.
07:41 AM on 04/04/2010
It is not a health reform law. It is best described as The Insurance Entitlement Expansion Act.
HUFFPOST SUPER USER
NABNYC
03:21 PM on 04/03/2010
It isn't health reform. It's a mandatory health insurance program to make sure doctors, hospitals, and drug sellers get paid.

My premiums and deductible just went up this week. This bill did nothing to help me, or millions of other people in this country. Unaffordable is unaffordable, no matter how you try to pretty it up. The problem with our healthcare system is that it is unaffordable to most people. This bill did nothing to change that. Thanks for nothing, Democrats.
QuietLightTraveler
Scientist, Teacher, Naturalist, Photographer
09:21 AM on 04/03/2010
I find it truly pathetic that a universal healthcare system could not be legislated in this country. And the only reason it couldn't is because of corruption among democrats and, of course, also the brain-dead GOP. Our government is seriously broken. Our country is an embarrassment seen clearly by the international community. We cannot, in good conscience, lecture other countries for civil rights violations when we let people go without healthcare here at home. It is a disgrace and I think clearly illustrates that our country is in serious decline as a world leader..
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HUFFPOST SUPER USER
tbone99
cruisin' duality
12:18 PM on 04/02/2010
Wonderfully written , but unfortunately too late. Billions in taxpayers dollars have been pledged to medical insurance companies by Obama and the Blue dogs to fight against Americans ever receiving universality, equity, and accountability.

They have gone so far as to make sure no real state options can occur for almost a decade, giving insurers a headstart in entrenchment and lobbying to defeat attempts.

The very fact that so many Dems even on Huffpo have enthusiastically lead cheerleading for such a blatant sell out is the most disheartening ... those who would work for true universal health care have been coopted to rah rah for a telegenic politician.
11:51 AM on 04/02/2010
This is an accurate view of what happened. It raises the question of whether the system is too far gone there for the situation to meaningfully change, or it it can, as the author hopes, be a first step to changing the equation. Unfortunately, I suspect that meaningful change is not very likely.
05:23 PM on 04/01/2010
I've had insurance for my entire family. I cannot afford my copay or the 1200 dollar deductable. At least once a year, I have my wages garnished for medical expenses during which time we pay rent late, get food from food banks and it just stinks. I would drop the insurance except the misses has so many medical problems I can't afford it. I don't see this healthcare bill helping me in anyway. 400 dollars a month will continue to be taken from my checks to pay for the cruddy insurance only now, I get fined if I do drop it. yeah, thanks alot big govt for nothing.

On paper, the wife should qualify for mediare/medicaid/whatever cept they turn it down 3 times before they will accept it and we can't submit the two more times needed because the wife no longer has a valid ID so she can't enter the federal building. I'm very frustrated and angry with govt whether they be elephants or mules.
07:42 AM on 04/04/2010
a sad example of the outcomes of social illiteracy
09:53 AM on 04/04/2010
Get your wife a damned valid ID. My dad was very ill, but we would have figured out how to get him to the place to get an ID. Stop crying and get mobilized to help yourself.
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HUFFPOST SUPER USER
FearlessFreep
I'm actually a radical leftist
05:19 PM on 04/01/2010
"The mountain labored and gave birth to a mouse"--Greek saying
04:40 PM on 04/01/2010
This is an excellent post and you are right to knock down any comparison between this corporate welfare bill and Medicare. People who invoke this comparison are either not too bright or dishonest.
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HUFFPOST SUPER USER
Smithn
Different strokes for different folks.
03:44 PM on 04/01/2010
You can't please all the people all the time.
But it seems displeased people have all the time to write bitchin', complaining and moaning rants. Thus making sure the Liberal electoral message is so freakin' muddied we'll be in the dark, dank cellar of Republican leadership together -- lickety, split--just like that.
09:38 AM on 04/02/2010
our 'elected representatives' screwed us in a massive show of corruption (especially visible in the senate part of the process), yet you blame the people who refuse to accept that sell-out silently. turn your disgust and ire where it belongs -- toward the politicians who botched this opportunity and caved to the corporate interests.
02:26 PM on 04/02/2010
We don't really care what you think. You're a follower, not a leader. You're like every other fair-weather Democrat that just goes with the most popular option available, regardless of its policy substance or impact. We'll be in the dark dank cellar of Repug leadership because quislings like you refuse to actually deliver a true Democratic platform. When you run as a Dem and rule as a liberal Repug, don't be surprised when people don't feel like there's a difference between the parties. You've gone out of your way to prove them right.