An Alternative to the Public Option I Could Live With

by: Mike Lux

Tue Aug 18, 2009 at 13:15


The folks who read my blog posts might be surprised to learn that there is an alternative to the public option I could live with (besides single-payer, of course, that being my preferred option from the beginning). I have been an advocate for a very hard line on the public option, as I discussed here yesterday. But there is one other alternative I would feel okay about, and Bob Creamer outlines it today in his great post, Three Reasons Why a Strong Public Option is Likely to Be Part of Health Insurance Reform.

More on Bob's post, the alternative I could live with, and an action to take, in the extended entry.

Mike Lux :: An Alternative to the Public Option I Could Live With
Here's the part of Bob's post I'm referring to:

Once everyone is required to buy insurance, the companies can have a field day raising prices and profits using the government to guarantee they are paid - either through subsidies or the imposition of fines. You can see why, from an insurance company perspective, this would be a great deal.

But from the point of view of the taxpayers - and the insurance ratepayers - it would be a disaster.  It would be like giving the insurance companies a license to take your money - with no regulation - all enforced by government edict.

This, of course, is basically what happened with the prescription drug benefit - Medicare Part D.  But there is a big political difference.  A huge percentage of the money used to pay the insurance and drug companies in Medicare Part D comes from the taxpayers (or deficits).  Most of the money that will go to pay for health insurance in a new system will come from ratepayers - individuals and companies who will feel the sting of rate increases directly.

What politician in his right mind would pass a law that requires individuals and businesses to buy products from companies who can then charge whatever the traffic will bear -- especially in an industry where premiums have increased three times faster than wages, and profits keep heading skyward even in the worst recession in 60 years?  Once government requires you to purchase a product, it has to provide some means to assure that the price is fair.

There are only two real practical solutions to this problem.  On the one hand, you could set up a public health insurance option that does not have the same incentives to increase profit or CEO salaries and would compete against the private insurance companies and keep them honest.  That is what President Obama has proposed.  Or you could regulate health insurance rates.

Now rate regulation is not a crazy idea.  It's been done for years in segments of the insurance market at the state level.  But if you think the private health insurance industry is fighting tooth and nail to stop a Public option - wait to see what they would do to stop rate regulation

So to my esteemed colleagues in the insurance industry, how's this for a compromise: we'll give up the public option but we will regulate health insurance rates instead. We will institute a system of strict price and rate controls, just like utilities have to live with where they weren't deregulated. That would do more to cut health care cost increases than any other thing we could do. So what do you think, guys?

This is the amazing irony of this whole debate, as it was by the way of the last one (1993-94). Insurance companies are happy to support universal coverage, but they are dead set against anything that would either control their prices or provide them any real competition or accountability.

This is why so many of us who know the health care issue are so determined to not give in on demanding a public option. Look, I am a pragmatist and an Obama loyalist. I want this President to be successful, and having fought a searingly painful fight in the Clinton health care war room a generation ago, I want health care form like I would want a drink of cold water in the middle of a hot desert. But without either a public option, or the kind of strong rate regulation Creamer is talking about, health care reform is a nightmare for the public and for the federal budget. It is not "the good" in the sentence "Don't let the perfect be the enemy of the good," it is a plain and simple disaster. That is why I don't agree with another good friend and ally of mine, Paul Begala, in his op-ed comparing health care reform and Social Security. I respect the argument he is making, and if it were another issue less fundamental to whether the whole thing works, I might agree. But keeping the insurance companies honest, as Barack Obama likes to put it, is too central to everything. That's only possible with either tough rate regulation or a public plan, because this co-op thing is a jumbled mess that clearly is a non-starter.

Health  care is something everyone has to deal with in their and their families' lives and it is at the heart of our federal deficit problem. If the Democrats don't get it (at least mostly) right, we are done as a governing party in spite of all the other demographic and political advantages we have. It's time to face the music and tame the insurance industry dragon.

On an action note, my good friends Howie Klein, Jane Hamsher, Darcy Burner and the Atkins brothers, along with DFA, have put together an action to thank progressive Democrats for standing firm on the public option. Thank them here, and donate to your favorite one or five here. As you can see below, many of our fellow activists who think this is critical have.

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Chris - I was talking to my Mom about this subject (4.00 / 2)
So to my esteemed colleagues in the insurance industry, how's this for a compromise: we'll give up the public option but we will regulate health insurance rates instead. We will institute a system of strict price and rate controls, just like utilities have to live with where they weren't deregulated. That would do more to cut health care cost increases than any other thing we could do. So what do you think, guys?

If we push the 'strong regulation and rate setting' similar to the Netherlands we will see the Insurance companies supporting a Public Option.  If we were really serious about reform we would take a three-pronged approach: (1) a robust public option tied to the medicare structure, (2) tight regulation of all participant insurance providers within the 'exchange', and (2) rate setting parameters with a basic plan offered by all participant providers within the exchange being 'non-profit' as calculated by GAAP.  


Sounds like a plan! (4.00 / 1)
I recall when Blue Cross / BS was a non-profit, at least in California. They made so much money they decided to become a for-profit organization.

At that point the State of California permitted them to change their status, but told them they had to fully fund The California Foundation, a charitable organization that has done a great deal of good, with their excess earned as non-profits, which were effectively actual profits.

Regulate the hell out of them, and especially if there is a mandate.


This doesn't lower costs to patients (0.00 / 0)
Whether for or non-profit, private insurers make a ton of money and their rates are all sky-high and going up much faster than inflation. There is no private insurer-based "solution" that can address the cost problem without massive federal subsidies that would make it deficit non-neutral. Their unavoidable overhead represent huge additional costs that serve no one but insurers, their employees, and investors--a distinct minority.  

"Those who stand for nothing fall for anything...Mankind are forever destined to be the dupes of bold & cunning imposture" -- Alexander Hamilton

[ Parent ]
Sec 116 (0.00 / 0)
Caps private insurers total overhead at a 'medical loss ratio' established by the Health Choices Commissioner. Meaning that they will just have to see how "unavoidable" some of that overhead is.

The bill already builds in $1.048 billion in costs associated with getting coverage, with a very big chunk of that in the form of subsidies. It is not clear that additional subsidies are needed or that with the other changes introduced by the bill and accompaning Pay-Go legislation would make the bill deficit non-neutral. Under the methods used by Ways & Means the bill scrores with a ten-year surplus of $6 billion.

The bill is designed so that families under 400% of the Federal Poverty Level pay between 1.5% and 11% maximum of their income for coverage on a sliding scale which by covering over half the population imposes a level of cost control on the industry.

The bill is pretty cleverly crafted, maybe because Dingell has been introducing comparable legislation every year since 1955.


[ Parent ]
And I'm saying that most insurers (0.00 / 0)
can't do this and stay in business, without undergoing the sort of massive internal restructuring that they're not willing to undergo, and will resist as much as they will the public option. And given that both proposals are going to be just as hard to pass politically, why not just cut out the insurers completely and go with a viable public option that from the start doesn't have their huge operating expenses?

I.e. what is the virtue of this plan over a public option?

"Those who stand for nothing fall for anything...Mankind are forever destined to be the dupes of bold & cunning imposture" -- Alexander Hamilton


[ Parent ]
it is pretty darn clear to me (0.00 / 0)
the official Poverty Level is really, really low. 4x it doesn't exactly land you in Richie Rich Land.

and, i would love to be mistaken about this, but as far as i understand it, there is no kind of cap on yearly premiums or deductibles, no definition of minimum coverage. by trying to make the public option "deficit-neutral" (we only borrow money for wars and banks, apparently), even when it gets going in 5 years it will not really be non-profit, in that it is supposed to be earning back its startup costs over a 10 year period.

i see no reason to think that monthly premiums from either public or private sources will be substantially less than they are today. the difference will be that you can't get a policy at all now, where in the future not only will you be able to, you'll be required to by law. even for people who are getting some subsidies, that is going to be a big big bite out of their budgets.

not everything worth doing is profitable. not everything profitable is worth doing.


[ Parent ]
DFA action options are too limited (0.00 / 0)
Given that the healthcare fight is pivotal, shouldn't supporters of the progressive bloc be asked to support them in an extraordinary way? As per the email I sent you, why not setup a web page and allow Americans who want a strong public option to show how badly they want it by volunteering to help in the Congress critter member of the bloc who lives nearest to them win their next election? They can state their commitment in terms of number of hours.

I think it's a given that if the progressive bloc either sinks a non-reform "reform" bill, or else forces the adoption of a strong public option, they will be targetted by the pharmaceutical industry in their next elections. Won't the progressive bloc members be needing some passionate fighters?

I don't think sending a "thank-you" can even compare with volunteering to show up.

Finally, while the email that DFA sends you after you sign up requests you to

2. Please ask your friends, family, and like-minded co-workers to join you supporting the House Healthcare Heroes who are leading the fight for real healthcare reform at:

www.DemocracyforAmerica.com/HouseHeroes

they can do better than that. They can have a "tell a friend" feature built into their web site, which will compose the email for them and send it in both text and html format (the latter will look really nice). The emails that the friends and family receive could have links back to additional information (hopefully including a link to Frontline's "Sick Around the World").

DemocracyABC.org
TheRealNews.Com
http://www.pdamerica.org


I've got a better idea (4.00 / 1)
Why not regulate benefits, and let insurers compete on price and service?  It seems to me that's a lot smarter move than trying to regulate prices, which has been a failed strategy in markets other than healthcare in the past (anyone remember the Nixon years and how well price controls worked on commodities?)

A strong regulatory regime within the executive branch -- say, a re-designed MedPAC -- lays out about 10-12 different health plan designs, from very basic to very rich, and with some featuring maternity (which, obviously, single males would not need and would prefer not to pay for) some with optical, some with dental.  Some with broad networks, some with narrow networks.

Every insurer that wanted to do business in a given state would have to offer one or a few of the plans, but could choose not to offer others.

Of course there would be a basic plan with guaranteed issue and community rating, and an individual mandate that everyone buy it or have their employer pay for it for them.

And then let the market do its magic.

The cool thing is, we already have a system like this operating in this country.  It's called Medicare Supplemental.

Large numbers of insurers participate in it in every state and every market.  The benefits are set in stone, and there are 10 different varieties, Plan A through Plan L.  Insurers compete on price and service.  The plans are a buy-up from original Medicare.


Good idea!! Already in the bill. (0.00 / 0)
http://edlabor.house.gov/docum...

HR3200 lays out four levels of coverage: the Essential Benefits Package plus options for 'Enhanced' 'Premium' and 'Premium Plus' levels. The Essential Benefits Package is outlined in Sec 122. It does include Maternity (because even single guys contribute to the birth rate, some more so than others) and vision and dental services for children along with a full range of medical services for adults.

Sec 203 sets out requirements for offering plan levels. Each participating entity has to provide at least a Basic Plan. If they do they have the option of offering an Enhanced Plan, if they do THAT, they can offer an additional Premium Plan. Plus they can offer a Premium Plus plan that covers vision and dental but only if those costs are broken out.

There are rules for guaranteed issue (Sec 112), community rating (Sec 113), and an individual mandate (Sec 301)

All of which allows the plans to compete on price and service. Existing Medicare Supplemental providers would have to partner up with someone providing the basic plan or include that in their coverage.

In short it is like someone writing the bill had read your mind. Good thinking.


[ Parent ]
How about an ever BETTER idea (0.00 / 0)
Let's eliminate this expensive and unnecessary middleman called private insurers with their unavoidable operating expenses and pass the savings onto patients and taypayers, in the form of a strong public option, and if insurers think they can compete with it, let them try?

"Those who stand for nothing fall for anything...Mankind are forever destined to be the dupes of bold & cunning imposture" -- Alexander Hamilton

[ Parent ]
I don't know if these pressure points are sufficient... (0.00 / 0)
I'm willing to drink some of your optimism, and hope for success. Any other non-public option options?

I can think of several:

(1) Drop the public plan from this mega-legislation, but leave insurance regulation, then slip in a slender bill that permits people to buy into Medicare.

(2) Rename public option to Coop. Design coops so that they are functionally equal to the public plan. Allow each state to set up its own health-care agency. Health insurance doesn't HAVE to be government run. A quasi-governmental agency with a non-profit or coop board answerable to both the public and to state legislature.

(3) Replace individual billing and negotiation with a Transaction or Billing Center. All providers send the bill for service to a billing center, sort of like Visa does for retail purchases. ALL insurance carriers are required to pay the transaction center, instead of negotiating separately with each provider or customer.

(3b) A single point of billing requires transparency on service pricing, and transparency on insurance risk ratios. Why is a broken leg so much more expensive at a hospital as opposed to a surgical center?

(4) Divide and Conquer. Split insurance by primary care vs major medical. Regulated insurance could serve the public good if regulated into a smaller box dealing with catastrophe and actuarial services. Insurance companies do a poor job with general health care and they have no incentive to properly manage primary care because they don't have long-term customers (people change jobs and HR departments fish for new insurance bids). Doctors offices are 99% primary care, so you'd have zero opposition from general practitioners.


Um, with apologies to you, Creamer and Krugman (0.00 / 0)
NO.

Sure, this would be better than co-ops, or nothing at all. We should have regulated insurer rates at the federal level ages ago, and allowed more cross-state competition. But what this would basically be is a privately-run "public" option, but necessarily with higher rates and costs for patients, because it would have to account for the inevitably higher overhead that exists in private companies (even if they're "non-profit").

Or, taxpayers would have to subsidize mandated lower rates and costs, to keep insurers in the "black", making it little more than charging one credit card to pay another.

What this would basically be is Medicare Advantage For All, a hugely wasteful and inefficient program that Obama has been railing against constantly, the approval of which would constitute a FISA-level flip-flop and cave-in.

Robust Public Option or Bust. That has to be the bottom line. Period.

Sorry, but Krugram got this one dead fucking wrong. And he knows it.

"Those who stand for nothing fall for anything...Mankind are forever destined to be the dupes of bold & cunning imposture" -- Alexander Hamilton


Great idea! Already in the bill. (0.00 / 0)
So to my esteemed colleagues in the insurance industry, how's this for a compromise: we'll give up the public option but we will regulate health insurance rates instead. We will institute a system of strict price and rate controls, just like utilities have to live with where they weren't deregulated. That would do more to cut health care cost increases than any other thing we could do. So what do you think, guys?

Why people implicitly think that Dingell, who has been introducing a bill for universal coverage every year since 1955, and Kennedy (and staff) are simple saps willing to throw millions of people to the mercies of the insurance companies is beyond me. The reason insurance companies are still working to kill the bill goes beyond the threat of a public option, they have read and understood the threat to profits carefully buried in Sec 116 of the House Bill.

SEC. 116. ENSURING VALUE AND LOWER PREMIUMS.

(a) IN GENERAL.-A qualified health benefits plan shall meet a medical loss ratio as defined by the Commissioner. For any plan year in which the qualified health benefits plan does not meet such medical loss ratio, QHBP offering entity shall provide in a manner specified by the Commissioner for rebates to enrollees of payment sufficient to meet such loss ratio.

No it doesn't SAY "price and rate controls" but that is what it means in practice. Under this provision the Health Choices Administration sets profit margins for each area in the country. Companies can charge as much as they want but have to pay out the same percentage in services.

This means that a QHBP offering the required Essential Benefits Package has its price controls established externally by the providers while its rate controls are set by the bill mainly through provisions of Secs 241 to 245.

The Tri-Committees were smart enough to not even whisper the word "Profit limits" but that is exactly what 'Value and Lower Premiums' means.  


Without massive subsidies or massive internal restructuring (0.00 / 0)
to the point where they essentially become semi-public utilities, I don't see how private insurers can stay in the black this way. And since the former is politically impossible, and the latter something the insurers would never support, I see this as no more politically easier to pass than a bill with a robust public option. And since the latter is more cost-efficient in the long run since it completely removes insurers' unavoidable overhead, I still think that the latter is the better solution. If two bills are equally hard to pass, why not just go for the better one?

"Those who stand for nothing fall for anything...Mankind are forever destined to be the dupes of bold & cunning imposture" -- Alexander Hamilton

[ Parent ]
Why would they not? (0.00 / 0)
Insurance companies can raise rates in proportion to increases in cost to provide care. To the degree those costs go up faster than other inflation their gross profits increase. All 116 does is limit the percentage of their take from the premium dollar and not the premium dollar level itself.

Insurance companies are just being forced to justify why a service they provided 15 years ago had an overhead burden of 5% ('medical loss ratio of 95) while today it averages 20%. It is not because the cost of CAT scans went up, those costs contribute to higher medical loss ratios, or should.

BTW the procedure for setting the medical loss ratio is not simply arbitrary and is outlined in 116 (b) and 161. Basically it is set just low enough to get enough market participation. Meaning I guess that the leaner you can run your operation the more likely you are to make the cut and so maximize market share overall.


[ Parent ]
Depends upon what cost baseline you start with (0.00 / 0)
the current one is untenable and would have to be thrown out. HCR is not merely about providing decent medical care to all and preventing FUTURE large cost increases. It's about getting CURRENT costs under control--i.e. lowering them, drastically. And this would require insurers to drastically lower their current rates and/or massive federal subsidies.

Neither is possible, is what I'm saying. Insurers' current cost and operational structure could not sustain such cuts in costs, and the government cannot afford, nor is it politically possible, to make such massive subsidies. It's like expecting a morbidly obese Nolan Ryan to lose weight, get in shape, and resume top pitching form. Perhaps some insurers are set up for this, but most aren't. And they're the biggest and most powerful ones.

Every now and then--50 years or so--we need a huge "reset" to some important part of our economic or political system, and can't just keep on patching up the old version. This is one of them. We need a viable public option. All other solutions are half-baked patches.

"Those who stand for nothing fall for anything...Mankind are forever destined to be the dupes of bold & cunning imposture" -- Alexander Hamilton


[ Parent ]
Help with Swiss Amendment (4.00 / 1)
I don't know if you know about the Swiss system. Everyone must buy private insurance, but all basic private insurance can only be sold on a not for profit basis. Only supplemental insurance for some non essential things can be sold for profit. I think push for Swiss amendment to do the same thing here is not only a good idea, but would prove that Republicans are out to protect profits not stop "government take over"

http://jwalkerreport.blogspot....

The Swiss Amendment as I define it would force every insurance company to sell "basic qualified" health insurance on a non-profit basis. Premiums collected for basic minimum insurance can't be used for profit or executive pay. At minimum 90% of the premiums collected for basic insurance must be paid out in claims. Insurance companies could sell for-profit "complimentary coverage" (this would cover dental, optics, non-generic non-life saving medication, etc...) only to costumers that it already provides non-profit basic insurance for. Only funds from complimentary coverage could be used for profits or executive pay.


That's basically what this is (0.00 / 0)
Krugman wrote about it Monday, semi-approvingly. But even he admitted that of all the possible "strong" solutions, it was the weakest and least preferable. The ONLY reason to do this is if the others are politically untenable. And they're not.

"Those who stand for nothing fall for anything...Mankind are forever destined to be the dupes of bold & cunning imposture" -- Alexander Hamilton

[ Parent ]
This is complicated (0.00 / 0)
Just say no public option, only if all health insurance most be non profit.

It is simplier to say and technically "less government interference."

You can also point to a place where it works.


[ Parent ]
Trying to run away from "government interference" (0.00 / 0)
for fear that it'll upset the Broder crowd has been proven beyond a doubt to be a LOSING political strategy. Plus it's unprincipled. You push for the best bill that's politically doable. Which the public option is.

"Those who stand for nothing fall for anything...Mankind are forever destined to be the dupes of bold & cunning imposture" -- Alexander Hamilton

[ Parent ]
So do I! (0.00 / 0)
It's called Single Payer.

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