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Richard (RJ) Eskow

Richard (RJ) Eskow

Posted: January 11, 2010 11:08 PM

A Tax Even Its Defenders Can't Love


People are saying that the so-called Cadillac tax "might fall flat" and "has real problems."  And those are its defenders.  I can't remember any new policy in recent history whose own advocates had so many complaints with its design.

Not that we're "Ezra Klein Watch" around here, but Ezra's become the locus and the spokesman for the pro-tax contingent. He's mounted a yeoman's defense, using a broad (if what occasionally seems to be a shifting) array of arguments.  Not that all of his points are without merit, by any means.  He and other tax proponents have raised compelling arguments that merit serious discussion.  Unfortunately, they don't have much to do with this tax.

The debate shifted after studies (by Gabel et al. and the Milliman actuarial firm) showed that "richness of benefits" is not what would place most health plans into the tax. It mainly targets benefits for older, sicker people, those who live in the wrong part of the country, or those in the wrong industry.  Then we learned that yes, employers will cut benefits if the tax is passed, but no, workers won't get the money their employers save as wages.  Two consulting firms (Towers-Perrin and Mercer) confirmed overwhelmingly that companies intended to keep the money instead.

Sure, reducing overall health costs would free up more money for wages in the future.  But nobody's explained how this tax would reduce overall costs. All we know is that these workers, whose coverage would be cut now, would get nothing in return.  Meanwhile there would be a lot of unfair suffering - suffering to which the tax's defenders seem uncharacteristically indifferent.  "No one should be under the illusion that this tax will not cause some pain," writes Ezra.  "Everything has losers."

So if your coverage gets cut because you or your co-workers are too old or too sick, buck up:  Everything has losers.

Ezra acknowledged the problems during an online exchange we had recently.  "My argument is not that the excise tax is without problems, or sure to work," he said then, "(a)nd I don't deny that (it) might fall flat."  But he's still pushing for it.

"The excise tax is a tax that's meant to change behavior," he writes, "much like a cigarette tax." But a cigarette tax taxes cigarettes.  This tax doesn't target inappropriate or excessive use of health services.  It taxes everything.  It's like cutting working families' grocery budget with the rationale that "some of them might buy cigarettes with that money." It's a blunt instrument where we need a  scalpel.

A "cigarette tax" approach to benefits would require a national discussion of "basic" vs. "optional" coverage  - i.e., is vision coverage obsolete? - or some other creative ideas.  Maybe we should tax services that fall outside of accepted medical practice standards, or tax providers if they deviate too often from best practices.  (I'm not endorsing these ideas, merely listing some alternatives.)

Ezra also voices an argument I've heard privately from some health economists: "(A)ll employer-based insurance, right now, is exempt from taxes - a regressive and cost-increasing decision that this barely begins to redress. This is a tax that should already exist, and it should exist on every dollar of health benefits, not just every dollar above $23,000."

It's a legitimate point.  Our employer-based system is an historical anomaly, one that treats some forms of employee compensation differently from others.  That's inherently unfair.  But the wage levels we have today are the product of this system, too.   They've grown up together with these  benefits, like tangled vines.  If we were to make a national decision to tax health coverage - an idea that was mocked when Republicans suggested it - we would need to have a well-thought-out transition plan.  Otherwise we'd have an enormous de facto wage cut for our already-beleaguered middle class.

If we're not willing or able to do that for the country as a whole, why select a portion of the insured workforce - on a discriminatory basis, no less - and do it to them? 

Paul Krugman endorsed the tax - while, like other backers, simultaneously criticizing it:  "A flat dollar limit to tax deductibility has real problems. At the very least, the limit should reflect the same factors insurers will be allowed to take into account in setting premiums: age and region."  He's right: The Senate bill allows insurers to charge up to three times as much for older people's coverage, but raises the tax's trigger point by only 13% for workers over 55. (Update: And, to clarify, that's for retired workers. An active workforce with a a higher percentage of older employees will still be unfairly hit.)

Prof. Krugman insisted that "the final bill should address the criticisms."  Amen.  But that would need to go beyond Prof. Krugman's proposed modifications to the tax's design. While they would relieve the most egregious discriminatory effects of the bill, they still wouldn't address the fundamental problem:  This tax doesn't target excessive care.

That gets us to the last line of defense:  that this tax, however flawed, is a first step toward genuine cost containment.  But insurers have always responded to increased expense by shifting costs back to patients - not by getting smarter.  Why does anyone think a badly designed tax causing indiscriminate pain will evolve into something better?  The most likely outcome is a backlash that makes genuine cost containment impossible for a generation.

There are good proposals, there are bad proposals, and there is the proposal on the table today.  The tax's defenders have come up with some interesting ideas - or at least the germ of some interesting ideas.  But those ideas aren't the table: this tax is. 

It's encouraging to hear the President say he wants to "make this work for working families." It's time for some new thinking about an idea that's already grown old.

Richard Eskow is currently working with the Campaign for America's Future to stop the health excise tax. He blogs at:

No Middle Class Health Tax
A Night Light
The Sentinel Effect: Healthcare Blog

Website: Eskow and Associates

 

Follow Richard (RJ) Eskow on Twitter: www.twitter.com/rjeskow

 
 
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illinoisan
We don't need no stinking badges
01:40 PM on 01/13/2010
You know where this isn't a problem? In the rest of the freakin' world where they enjoy health insurance that doesn't have anything to do with where or whether you have a job.
10:57 AM on 01/13/2010
This tax doesn't target inappropriate or excessive use of health services.

This is where you are wrong sir, this tax taxes the one thing its backers find most innapporiate, private insurance. This tax is meant to force people in to a single payer, universal coverage, government run health care. This is the holy grail, the end state of American liberals.
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HUFFPOST PUNDIT
swift goat pet for truth
The Life of the Land is preserved in Righteousness
09:37 PM on 01/12/2010
Thanks for the analysis.
I am an Ezra Klein and a Krugman reader. I find their thoughts well argued and convincing.
But I always like to hear well reasoned critiques.

What I hear is that we have a method that needs refining.
If not a Cadilac plan, how about a Masarati plan?

But what I really care about is passing even this merely OK bill.
We can tweak it later.
08:07 PM on 01/12/2010
The cadillac tax and union reactions to it are a great indication that people only want health care reform if they get something for nothing. No one, including the great liberal union leaders and their memberships, wants reform if, God forbid, they need to pay for it via higher taxes.

A great indication that we now have more people in the wagon than outside pulling it, where government is concerned.
HUFFPOST PUNDIT
anothervoice2
332 electoral votes is a mandate
08:29 PM on 01/12/2010
Except, this is not really a Cadillac tax, it is a Hyundai tax that will sweep under it many BASIC plans (that just happen to cost more in states like CA, NY, MA). No one is saying health care should be free. We are all paying for it dearly today. But this Senate bill is a blatant sellout to HMOs.
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03:48 PM on 01/13/2010
Exactly, I am enrolled a pre-tax HMO plan through my employer in MA, and it's no Cadillac. It's a basic plan. If my employer is taxed, coverage will decrease, and it is highly unlikely that anyone will receive higher wages. My employer already thinks insuring its employees is a burden.
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HUFFPOST SUPER USER
dsws
No owning ideas. Limit only commercial use.
08:44 PM on 01/12/2010
I'm in favor of the tax, as I say just below. But it's not a matter of paying for what they get.

They're already paying for what they get: they could negotiate for wages or benefits, and they choose benefits to a large extent. The employers (despite what they tell pollsters) don't really care whether the cost of hiring people goes to paychecks or benefits. They just want to minimize the cost while avoiding strikes and retaining employees. So every dollar of employer contribution to health care is, at least to a reasonable approximation, a dollar of pay the workers could have gotten but didn't -- just as though they had paid it themselves. Economic incidence is independent of nominal incidence.

They would lose some ground temporarily, until near-equilibrium is restored. That's what they object to. The tax is there to create incentives, not to pay for health care.
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HUFFPOST SUPER USER
dsws
No owning ideas. Limit only commercial use.
07:57 PM on 01/12/2010
If my grocery shopping were administered by a vast for-profit bureaucracy, and I was getting worse food for a much higher price than other countries, and my food bill was strangling the job market so that I expected to lose my job and starve to death, I think I would be willing to have my obscenely-profitable-food-insurance-corporation plan get taxed out of existence.

The people whose current plans are directly affected by the tax will benefit along with everyone else.
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jmpurser
See My micro-bio
07:55 PM on 01/12/2010
While the mandate is the abomination in this bill the tax on health care is nearly as bad.

This bill really is a disaster. It will have to be undone before we get real health care reform.
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HUFFPOST PUNDIT
swift goat pet for truth
The Life of the Land is preserved in Righteousness
09:43 PM on 01/12/2010
No mandate, HC insurance just goes into a death spiral.

National HC does not work without a mandate.
EVERY nation that has nationalized HC has a mandate.
11:07 PM on 01/12/2010
No other country has a mandate that you BUY insurance from a for profit company. Other countries with universal health care provide it through their progressive income taxes. There is a difference between a plan that allows everyone to participate and a plan that forces everyone to participate.

As for taxing the middle class to get to health care reform, it is a terrible concept. The American middle class was promised that should we come out and elect Obama there would be no tax increases hitting people making less than $250,000 dollars. This is obviously no longer the case and so it means that unions and non union workers alike should remember that in 2010 and 2012. I know I won't forget it and I have let my elected representatives know it as well.

I am thinking about writing in Ed Schultz or Rachel Maddow at the polls instead.
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06:08 PM on 01/12/2010
This tax targets folks who are in the position, due to age and/or illness, where they actually have to use their insurance for more than just basic care. They're also the group paying through the nose now. In addition, insurers are allowed to charge them more in this bill? So...let's add the extra burden of taxing that already too expensive plan. How does this solve the problem of medical bankruptcy and affordability for ALL?

This excise tax is supposed to change behavior? How absolutely ignorant it is to think they are going to change the behavior of a 25 year old by taxing a 55 year old for their health insurance plan. If someone is over-weight at 55, that's generally a health condition they've wrestled with their entire lives. So you tax them for their indiscretion 30 years later. That's not preventative, that's punitive.

R.J. is right, tax all plans regardless of cost...but at a much lower rate so that it is not so punitive.
05:36 PM on 01/12/2010
This insane bill must be stopped. I hate to admit this, but the wingnuts accusations of wealth redistribution are becoming truer by the day. This is nothing but a redistribution of income. It's time that this whole debacle gets dropped. It is a disaster waiting to happen. Ezra Klein and his ilk (i.e., Bob Cesca) need to be stopped before they do any more damage. Listen to the reasonable voices like Eskow and Hamsher.

Kill this bill. Now.
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HUFFPOST PUNDIT
jmpurser
See My micro-bio
08:08 PM on 01/12/2010
I have no problems with a redistribution of wealth. In fact, I'll go so far as to say our nation's srurvival depends on such a redistribution.

But this isn't it. This taxes the middle class and hands it over to the insurance industry.
HUFFPOST PUNDIT
anothervoice2
332 electoral votes is a mandate
08:31 PM on 01/12/2010
Yes, more "trickle up" economics.
04:52 PM on 01/12/2010
Don't worry, Congress will fix it later! Bite the bullet indeed for now, enjoy the pain, er, plan! Fear not, for the dems (now the majority) in Congress got your back, for they are always on us the little people's side! Why not fix it now? Silly you! The dems are master chess players, and they are playing a gamble, er, they are gambling(?), hm, doesn't sound right.......they are using your as bait and they will cut hook, line, and sinker if they have too to give us health insurance reform??????? Arrgh! You know what I mean!

I apologize for the mixed up anomalies, er analogies. Dem chess masters, Americans on the hook----what was I thinking!
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06:13 PM on 01/12/2010
Yeah...I'm tired of all the b.s. excuse-making too. If the insurance lobby was directly involved in writing this bill the first time around, what makes anyone think they won't be involved in any 'revisions'. It's never going to be a good deal for the people when that's the case.

If the Dems are master chess players...I'm the Queen of England.
HUFFPOST SUPER USER
cmaurand
08:28 AM on 01/13/2010
I wouldn't count on Congress to fix anything. Extend the medicare tax to investment income and increase the cap to $250,000.
HUFFPOST SUPER USER
Okieborn
Equal Rights For All !
04:36 PM on 01/12/2010
This is turning out to be a disaster for the union and non union laborers !!
Stop this madness before it goes any further !!
02:10 PM on 01/12/2010
Man I wish I had a better mind. Maybe then this idea would make more sense to me. Let me see if I understand this right. The plan is to tax the healthcare benefits of union members, many of whom are lucky to make 50 K per yr; and give the money from that tax to people who for some reason have not bought health insurance of their own and make up to 80 K per yr. Am I right so far?
And then those who recieve the money from the tax can use it to buy their own health insurance, but if they buy a plan that cost more than 23 K per yr., say they have a pre-existing condition and the least expensive plan they can buy cost 40 K (there is no limit put on what insurance co.s can charge for plans that cover pre-existing conditions), then they themselves will have to pay a 40% tax on the extra 17 K they have to spend on the plan that covers their pre-existing condition, which comes to an extra 6,800 dollars. Is that about right?
Gee...maybe we should just forget about this whole god d@mn stinking mess of a so called healthcare plan and let it die a needful death.
04:32 PM on 01/12/2010
No that is not it.

It is mostly just an attempt to reign in wasteful spending and undo demand on healthcare which is a common with these types of plans.
05:12 PM on 01/12/2010
I agree. A sure winner, no doubt the American people will reward the authors of this legislation if said legislation becomes law. How about that! Since the repubs decided to sit this one out, all them winners will be democrats!
05:46 PM on 01/12/2010
Why do we want to limit access to care for older workers and those who work in more physically demanding jobs? Shouldn't we want all workers to have access to care?
10:51 AM on 01/12/2010
Wait until people start finding out who is not going to be taxed or fined in the healthcare plan.. Found out there is an exemtion for some religious groups and has been exempted from Income and Socialist Security taxes for some time now.. Schumer is the sponsor..
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HUFFPOST PUNDIT
henrypapillon
Put a Psychiatrist in every NRA meeting.
09:57 AM on 01/12/2010
Hey, somebody's gotta be taxed. Use the Willie Sutton Rule. Go where the money is.
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HUFFPOST PUNDIT
swift goat pet for truth
The Life of the Land is preserved in Righteousness
09:40 PM on 01/12/2010
No Cadillac plans.

Lambourghini plans.
09:22 AM on 01/12/2010
A for profit health care system is dangerous to the health of Americans especially one that goes the extra step and subsidizes the insurance monopolies allowing them to screw people with the people's money. The people proposing such a horrible regressive system and claiming it is universal coverage are obviously lying because even by their own estimates they will leave out 20 million people in the worst of all possible worlds. This garbage is the end result of a corrupt political process and is not worth voting for.
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HUFFPOST PUNDIT
swift goat pet for truth
The Life of the Land is preserved in Righteousness
09:39 PM on 01/12/2010
The problem is not what is a better plan.
That is well known.

The problem is how to get our government to make it law.

Got anything that will work?
06:33 AM on 01/12/2010
The healthy choices are:
1. A national health CARE program (which is sacrilege to speak of in America, unfortunately).
2. A national health INSURANCE program (single payer or public option).
3. Keep things the way they are until we get a truly progressive government, which would at least allow some people the coping methods they've already developed, while getting more and more people to realize how truly bad their insurance is so they won't be hoo-dooed by right-wing media blitz.
Instead we will get the Senate bill, with the worst parts of the House bills tacked onto it, which the insurance companies could have written - a total disaster designed to satisfy Beltway 'conventional wisdom' without actually affecting any major federal change (thus dumping most of the real costs onto states and the people).
This is the end of the Democratic Party; and since we already know that the Republicans can't govern without destroying America, this may be a sign of our endtimes. This is a left-center country governed by a right-center elite, this disparity making it impossible to promote the general welfare or common good of the people.Our claim to 'world leadership' now rests entirely on our massive military machine, and even that is now getting drawn that out beyond the capacity of our resources.
We're a banana republic, not a democracy.