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RJ Eskow

RJ Eskow

Posted: July 15, 2009 08:02 PM

The House Health Reform Bill: How Good Is It?


First, the good stuff: The bill includes a public plan option, although initially its availability will be limited. There's an insurance exchange to help the uninsured gain coverage. Some of the insurance industry's egregious underwriting practices will be banned, and rates can only vary based on age, location, and family size.

Premium subsidies are fairly generous, with some level of assistance going up to 400% of the Federal poverty limit (though if I had to bet, I'd wager that will drop to 300% after all the horsetrading is done). The Medicare subsidies for private insurers are eliminated.

Potential problems:

It's not universal. It's probably not politically possible to pass truly universal coverage, but it should be noted: Despite the presence of both individual and employer mandates (more about that below), the CBO estimates that 9 million citizens (as well as a similar number of illegal immigrants) will remain uninsured. That's very close to the figure of 8 million I came up with a year ago, using back-of-the-envelope calculations based on Massachusetts experience. It means that roughly 20% of the uninsured will stay that way under these proposed reforms - and it's my suspicion that this figure is, if anything, low.

Why does that matter? Incremental improvement is a good thing, and if I were in Congress I'd vote for this bill. But it will leave an ongoing humanitarian problem as well as a strain on the system.

The small employer provisions can be gamed. Tax penalties for failing to offer benefits kick in on a sliding scale for companies with payrolls of $250,000 and higher. How many small employers - small restaurant or retail chains, for example - will simply re-incorporate as mutiple businesses with common ownership in order to avoid this penalty?

The plan's major provisions don't begin until 2013. Granted, it will take time and effort to ramp up a a public plan and a national insurance exchange. But it shouldn't necessarily take three years, and the roll-out could be phased. I collaborated with a multinational initiative to help formerly Communist countries set up national insurance programs, and that didn't take this long to begin rolling out. That was without any previous infrastructure, and using technology that was nearly 20 years old.

We have Medicare's platforms and other resources. We also have the experience gained in Massachusetts and elsewhere. I would have thought they'd be able to implement some of the bill's features in stages, with slightly more aggressive timing. (On the other hand, the desire to do it right rather than quickly is understandable.)

Those individual mandates will be tricky. I understand the economic role of mandates, but here's the problem: Many uninsured middle-income families will find it difficult to pay five-figure premiums. And the penalty for not obtaining insurance is 2.5% of adjusted gross income. That means most middle income families will find it much less expensive to take the penalty than to buy the insurance (which was one of my primary concerns with Massachusetts' legislation). In fact, based on current premiums, you'd need to make upwards of $400,000 before premiums and penalties are in the same ballpark.

Of course, many or most families will realize that it's prudent to purchase insurance -- if you can afford it. But many hard-pressed families may choose (or be forced) to gamble if they don't have enough cash on hand to pay premiums and meet their monthly obligations. That's why I suspect compliance projections are overstated.

There's a political red flag, too: While the Massachusetts health reform plan is generally popular, we reviewed the poll results here and found that those who were affected by it personally felt (by a 56% margin) that it had a negative impact on their lives. To those who choose the lower-cost penalty over the insurance premium, this bill will not provide coverage... and it will feel indistinguishable from a tax hike. That could create an immediate compliance problem, and a political problem for Democrats down the road.

Which gets us to the big problem...

It doesn't do enough to control costs. The outline of an effective, information-driven cost reduction (and, more importantly, outcome improvement) program is there -- but only if administrators follow through with intensive research and creative redesign of provider reimbursement programs. The intensity with which these initiatives will be followed depends on political will... and political will, in turn, depends on how effectively the Democrats make the case that true innovation is required to bring our cost problems under control.

I'm not as negative as Roger Collier on this score, but I do see reasons for concern. Since these outcomes-improvement and cost-management provisions are being underplayed in the political arena -- perhaps wisely -- they'll need to be emphasized during implementation.
___

The Senate HELP Committee has just passed its version of the bill. While the Senate is essentially following the same path as the House, they are also pursuing premium discounts for enrollees making "healthy lifestyle" choices. Employer mandates are gentler in the Senate version, and there are several other (relatively minor) differences.

The HELP Committee passed its bill with no Republican votes in favor. The Democrats are likely to own both the credit and the blame for whatever winds up being passed in Washington. And, while they're likely to change in some ways, these bills may well provide the basic outline of health reform legislation. That means everybody tasked with finalizing and executing reform should concentrate on four areas:

1) Ensuring (and communicating) fairness in defining and enforcing mandates;

2) Creating the most sophisticated, effective, and user-friendly insurance exchange possible;

3) Defining robust benefit plans that protect enrollees from financial shock due to out-of-pocket medical costs;

4) Developing strategies for providing care to those who will be left out of this plan.

They've avoided my biggest fear: that the bill would contain individual mandates but no public plan option. We could tinker with the balance between the two, but at least the public option is there. Still, as complicated as it may be to pass a bill, it's only the first step. Even if Congress meets the President's August 1 deadline, the reform process is only beginning.

Other references:

- Maggie Mahar's comparison of the House and Senate bills

- Full text of the House bill

- CBO's initial analysis of the House bill

- Joe Paduda's summary of the House bill

- Ezra kinda digs the bill, and gives a shout-out to its process

(Note: This is all based on initial review of the bill and other summaries. We'll keep reading ...)

RJ Eskow blogs when he can at:

A Night Light
The Sentinel Effect: Healthcare Blog

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

First, the good stuff: The bill includes a public plan option, although initially its availability will be limited. There's an insurance exchange to help the uninsured gain coverage. Some of the i...
First, the good stuff: The bill includes a public plan option, although initially its availability will be limited. There's an insurance exchange to help the uninsured gain coverage. Some of the i...
 
 
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03:43 PM on 07/17/2009
Perhaps, one of the most pressing issues regarding this reform bill is how this effects senior citizens who are currently receiving Medicare benefits. There is a poverty exclusion, that exempts low income people from the tax, but what about seniors? Are they qualified as low income recipients?
12:14 PM on 07/17/2009
Your tax dollars at work!

• Section 242 of the bill prohibits "undocumented aliens" from receiving health care, but does not prescribe a method for preventing illegal aliens from receiving health care.
• Section 1702 of the bill requires that "the State shall accept without further determination the enrollment under [the Medicaid program] of an individual determined by the Commissioner to be a non-traditional Medicaid eligible individual." However, the bill does not require the government to apply the existing citizenship and identity verification requirements that exist in the current Medicare statute.
• Section 1714 states, "in determining eligibility for services under this subsection, the State may consider only the income of the applicant or recipient." This means that for certain non-essential services, the State can disregard an individual's immigration status and look only at the individual's income.
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12:12 PM on 07/17/2009
This is the only bill I will support: http://www.pnhp.org/nhibill/nhi_bill_final.pdf
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04:56 AM on 07/17/2009
I haven't followed this much because I'm so disappointed that single-payer isn't even on the table. What they've come up with (without doing an in-depth analysis) seems a complicated hodgepodge.
I don't know how the health care industry runs, but, conceptually anyway, single payer seems so damn simple. Maybe this bill will get the public option out there, and some will be willing to look at it.
11:12 AM on 07/17/2009
Public option: 2013

You can't get into it unless you have no insurance.

The meat of the bill is a requirement for everyone to purchase insurance or face a tax of 2.5% of AGI

The bill is over 1000 pages long. Should be the first red flag.
12:34 PM on 07/17/2009
Well hell, just drop your other insurance!
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01:33 AM on 07/18/2009
Some will choose the 2.5% penalty because they still can't afford insurance and the penalty is cheaper. Seems kinda goofy.
No such problem with single-payer.
12:22 PM on 07/17/2009
I wonder what it is about the single payer that has caused it to be rejected. Does single payer mean the end of private insurance plans?
01:24 PM on 07/17/2009
Yes.
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01:27 AM on 07/18/2009
Yes. Health insurance companies replaced by the government; Health insurance premiums replaced by taxes. The idea being that total system costs would be significantly less, and it would be self-supporting, ie with taxes, not borrowing. (If this isn't true it shoots the whole deal).

Problem #1: The health insurance industry is opposed because of self-interest. They're so powerful they have to be included in health reform discussions.

Problem #2 is the large group on the right that doesn't like government involvement, thinks Free Market came from God, and hates the idea of the productive supporting the unproductive. My opinion is that they have some valid basic principles - non-intrusive government, etc - but apply them in knee-jerk fashion, they fail to consider that free market has limitations, they blow that "welfare" component out of proportion, and won't even look at what single-payer means.

That's what I see is in the way of single-payer even being looked at.
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HUFFPOST SUPER USER
mudshark12
Now who are you jiving with that cosmik debris?
01:02 AM on 07/17/2009
As usual I'm disgutipated with and disgustified by our elected idiots on capitol hill with their extra lame attempt to get us some healthcare reform. I hope that they are happy with all of the new payola and guarantees of future monetary support in upcoming campaigns for reelection. We get screwed over once again! As usual they start with all of these nice sounding promises but in the end we get buried under yet another stinking pile of crap. Does a bill actually require 1000 pages? I don't think so, possibly they will tear it up and start over, but don't hold your breath.
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harveyr2
Be skeptical of politicians or be their pawn
08:59 PM on 07/16/2009
This bill is crap - pure and simple. There is no way that a 1,000+ page bill will do what is needed to do at a price that they say it will. By the way, the non-partisan CBO believes the true cost to be far more than what our esteemed elected officials are telling us.

This is a bad bill.
It will not work.
The unintended consequences will be disastrous.
Vote NO.
09:44 PM on 07/16/2009
agreed just look at page 16 ........that is all i needed to see

http://www.ama-assn.org/amednews/2009/06/15/prsc0615.htm
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08:05 PM on 07/16/2009
Sadly, this is exactly what I expected. The public demanded a health CARE bill. Congress is providing a health INSURANCE bill. It will do nothing to stop the insurance industry's protection racket.

We're screwed again.
09:49 PM on 07/16/2009
You should be happy with the bill, because it does nothing to control costs, but blames the insurance industry for the problem. This bill is the governments attempt to monopolize the insurance industry and drive out the private insurers. Then, the government will discover the real problems of medical costs. But you will not have those nasty insurance companies!
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dashcat
Sanspoof is my idol
03:23 AM on 07/17/2009
Insurance companies are nasty. And if the government really wanted to take over health care then they could just write a damn bill that does that.
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04:45 AM on 07/17/2009
The government is already in the health insurance business, therefore knows the problems. Medicare is health insurance for the most expensive demographic.

Ask the question "What would be best for the country?" and compare today's system to government run health insurance. Come up with whatever you come up with, but ask the question.
12:27 PM on 07/17/2009
Au contraire. It will signal the end of all private insurance since no new applicants can be accepted after the effective date of the bill and no changes in private plans will be permitted. When people look at govt subsidized plans that will be cheaper because of the infusion of tax funds, those with the herd instinct will flock to the govt. plan.

Three things are certain about the govt plan: it will be hugely costly; it will end private plans; and it will allow illegal aliens to receive service at our expense.
01:27 PM on 07/17/2009
Misreading. If you have insurance, you cannot switch to the public option.
08:03 PM on 07/16/2009
There is no language in the bill to end the insurance industries discrimination of covering children with autism. The insurance industry just says "no"! We're not going to cover autism treatments and you can't make us. Its criminal, what the insurance companies get away with and its obvious they've bought enough congressmen and women keep denying treatment to children and families desperate for the kind care which has been shown to make a difference.

Who will get stuck for paying in the end? Taxpayers. Insurance companies and their lackeys in congress know how to rig reform that doesn't reform.
12:30 PM on 07/17/2009
No matter how you cut it, the taxpayers, as always, will be taking it in the shorts.
01:25 PM on 07/17/2009
The lack of coverage for autism is just another example of Congress's ill-conceived bill being rushed to passage. Time to slow down and let everyone read the 1000 page bill to see what is missing, what loopholes are there, what provisions there are for rationing health care, how illegal aliens will be covered, and how the govt will cause private plans to disappear. No one has done this and we will pay for Congress's half-baked, rush to judgment about what is needed.
07:54 PM on 07/16/2009
"Nine million citizens will remain uninsured." This is health care reform?
11:02 AM on 07/17/2009
As opposed to 50 million?

yeah.
07:43 PM on 07/16/2009
Because I think of the AMA as twins with BIG PHARMA, I am more than "highly" suspect of the plan.

I have no doubt the insurance exchange will just turn into another bogus, for profit, health wall street.
07:04 PM on 07/16/2009
THE SAME TWO WORDS I'M FAMOUS FOR--" GENERAL STRIKE"-- THEN DEMAND A FEDERAL INITIATIVE CALLING FOR AN ELECTION DESIGNED TO REPLACE EVERY SINGLE MEMBER OF CONGRESS-- THEN DO NOT VOTE ANY INCUMBENT BACK IN--SOME INNOCENTS WILL SUFFER, BUT THEY REFUSED TO POLICE THEMSELVES-- "TURN THE RASCALS OUT!"-- DO YOU THINK THE NEW GUYS COULD DO ANY WORSE THAN WHAT'S HAPPENED?--IF NOTHING ELSE, WE NEED TO SHOW THE POLS THAT WE CAN DO IT ! --I'M 70--DON'T SEE TOO WELL--BUT I'M STILL MARCHING AND PROTESTING 45 YEARS LATER.
07:21 PM on 07/16/2009
Get a new keyboard your shift key is stuck........

laughing
09:51 PM on 07/16/2009
He flipped over his "Hell no I won't go" sign . . . .
06:57 PM on 07/16/2009
Expanding Medicare, already in operation, with a record, would be preferable to this mangled, twisted and "penalizing" plan I've seen so far. Instead of freeing companies from ins burden, they lock them in, can't move to public plan...whether you want it or not? That can't be.
I thought the "penalty happy" mindset would have gone with the penalizing regime of Cheney/Bush. It sticks in your craw...bleche...enough with police state language.
Keeping it simple would leave it too understandable apparently, the writing of this bill sounds like the farce that described Part D, the most ridiculously written thing . Donut holes? That one threatens to penalize you every yr for NOT signing up at 65, its incremental so by 70 or 75 they can really sock you with the highest premium. Pure extortion.
Despite their threats, I chose NO and get Rx's at Walmart for $10 for 90 day supply. Annual costs amount to about 1 -2 months premium and I don't have ins. co. clerks managing my medication.
(fyi -- for anyone approaching 65)
It seems that ramped up Medical School subsidies and City Clinics across the country would have to be part of reform.
Turn half those prisons into Clinics and treatment centers.
07:23 PM on 07/16/2009
but the pills come from china with extra lead
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05:04 AM on 07/17/2009
I benefit from Medicare Part D and still think it was a horrible piece of legislation.
I agree with your comment on employer provided health insurance. Get it off their backs, also eliminating employees' dependency on their employer for health insurance.
06:45 PM on 07/16/2009
Panaceas are rarely the answer to anything. In the health care arena that is particularly true.
06:43 PM on 07/16/2009
This a somewhat unique view on the limitations of the proposed plan; I feel as if many are jumping for joy at its promises (perhaps naively). While I can't pretend to understand the issue in all its nitty-gritty, I can say that I agree that an August 1rst passing through Congress is truly only the start; the way I see it, such an important and complicated reform effort probably will, and maybe should, take years (in order for all details to be considered and effective collaboration to occur, though the suffering occuring at the hands of our present flawed system does call for some measure of expediency).
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HUFFPOST PUNDIT
bighat
Truth as I see it
06:36 PM on 07/16/2009
Should national healthcare be tried on a smaller scale to see if it works. Like either California or New York. We would learn how to iron out the kinks like how will the govt know if you purchased insurance. Will it be something that must be attached to your tax return. Will businesses spring up selling the paperwork necessary to show you have insurance when you do not?
06:46 PM on 07/16/2009
Can be attached to the fake green card you can get from the same source!
11:18 AM on 07/17/2009
Universal coverage was tried in Massachusetts. Google to see how well that worked out