![The White House spent billions last year on efforts like this to promote Obamacare enrollment. How will they do this year? [Credit: Washington Post]](https://i0.wp.com/www.dougsbriefcase.com/blog/wp-content/uploads/2014/11/creditdcpost.jpg?resize=300%2C300)
The White House spent billions last year on efforts like this to promote Obamacare enrollment. How will they do this year? [Credit: Washington Post]
That is the lasting achievement of Obamacare, whose second open enrollment period began yesterday. Gone are the days when people with pre-existing medical conditions could not find affordable coverage. Whether the ends of this achievement, which are undeniably good, justify the means its supporters employed to win its enactment remains a matter of controversy.
One of the law’s principal architects, MIT’s Jonathan Gruber, has defended those means, saying that the “stupidity of the American people” necessitated the President’s “lack of transparency” about the law’s provisions. The unwashed masses, in Gruber’s view, simply lacked the capacity to grasp how good the law was for them, so their rulers had to mislead them about its hidden taxes, cross-subsidies and the series of unpleasant surprises that would befall every step of its implementation.
Gruber’s view, no doubt quietly shared by the community of health policy experts who produced this law, gives Americans too little credit and its authors too much. The President surely knew that millions would lose the coverage they liked and lied about it in order to get the law adopted and implemented. He surely did not know that debacle would accompany the launch of the health insurance exchanges, that his Administration would have to waive numerous provisions of the law and ignore others because they were so shoddily written, that it would have to delay the employer mandate, that it would have to defy the law in order to allow Congressional employees to keep their government subsidies, that the Supreme Court would strike down the law’s requirement that states expand their Medicaid programs as well as a provision that violated the First Amendment, or that, five years after its enactment, that same court would be hearing oral arguments on whether one of its core provisions – health insurance premium subsidies for people who enroll through the federal exchanges – is also unlawful.
The Administration’s serial blunders on Obamacare make Gruber’s charge of stupidity look, shall we say, misdirected.
Blunders aside, here’s what we know – and still don’t know – about the most consequential law in a generation.
What We Know
- Fewer people are uninsured. How many fewer isn’t yet clear. CDC estimates that the ranks of the uninsured have been trimmed by nearly 4 million (to 41 million from 44.8 million). The more authoritative survey by the Census Bureau suggests that the number of uninsured barely budged (from 45.6 million in last year’s survey to 45.2 million in the one conducted this past March), although that survey arguably failed to capture part of the surge in enrollments that occurred during March and April. HHS, evidently embarrassed by the Administration’s official numbers, ignored them in a recent report, instead citing a more favorable study based on Gallup poll results. Shopping around for numbers misses the larger point: more people have coverage today than if the law had not been passed and even more will gain coverage in coming years. That is a good thing, whatever the number turns out to be.
- Exchanges remain a mess. Here’s the media narrative on exchanges: they were a disaster for three or four months, but they turned the corner and started to work well. Not quite. It’s true that the federal government and that of several states (including Massachusetts, on which Obamacare allegedly was modeled) botched the relatively easy task of letting people shop online for coverage. Online shopping is hardly cutting edge. Ehealthinsurance has been doing it for years. Surely the government couldn’t screw that up. Turns out that it could, and for several months did, although that part of the exchanges is expected to work reasonably well this time around. The problem is that exchanges are supposed to do more than just let people select a plan. They’re required to determine eligibility for subsidies, verify household income and whether the applicant is a lawful U.S. resident, make sure that subsidy checks go to the insurance company in the right amount on a monthly basis and perform other such administrative functions. This so-called “back end” of the exchanges still doesn’t work the way it’s supposed to and probably won’t anytime soon.
- The insurance product is awful. If you were to pick the two features of insurance policies that people hate most, they would be restrictive networks (e.g., HMOs) and high deductibles. Obamacare combines both these features into most of the products sold through the exchanges. That could prove a continuing irritant to consumers.
- Premiums are affordable. Relatively low premiums are the result of this bitter brew of tight networks and high cost-sharing. People may not be crazy about the product, but fears of “rate shock” generally haven’t materialized. That said, the plans with the largest enrollment are the ones that have raised their 2015 premiums the most, so many consumers will have to change insurers to avoid or minimize rate hikes. Those who don’t switch will automatically be re-enrolled in their existing plans. That will produce some unhappy results, particularly for those now receiving subsidies.
- Worst. Law. Ever. I was involved in drafting health care legislation for many years. Some of the things that I had a hand in writing (Medicare Part D and health savings accounts) actually became law. It is a complicated business and I certainly have made mistakes. But if anything I’d helped write had been this slipshod, amateurish and unworkable, I probably wouldn’t be chirping at economic seminars about the “stupidity of the American people.”
What We Still Don’t Know
- Is demand for health insurance less than had been assumed? When Obamacare was enacted, CBO estimated that it would reduce the number of uninsured to 21 million in 2016; now they believe that 30 million will remain uninsured in that year. That’s a big difference and one that has complicated causes, but it does suggest that there may not be a huge pent-up demand for health insurance. Reducing the number of uninsured even to 30 million over the next two years will require a big uptick in exchange enrollments. CBO projects that exchange enrollments will nearly double next year to 13 million and nearly double again in 2016 to 24 million. HHS now believes that the number of enrollees next year will be far less, estimating that 9–10 million people will sign up during this open season. If this estimate proves accurate, we may end up with more than 30 million uninsured on a long-term basis, barring other changes (like granting legal status to people not lawfully present in the U.S.).
- Will more people agree to pay full price for their health insurance? Speaking of demand for health insurance, it appears that people don’t want it if they have to pay the full price. Three out of four people who completed applications during the first open season and who were told that they did not qualify for a subsidy didn’t bother to select a plan. Only 15 percent of those who enrolled during the first open season are paying an unsubsidized premium. This isn’t terribly surprising. The average monthly subsidy for people enrolled through the exchanges was $264, or about 76 percent of the average monthly premium. That’s pretty similar to the subsidies received by those who get coverage from other sources. Employer contributions to health premiums average around 72 percent, which is what the federal government contributes, on average, to the premiums of its employees. Paying — or, more accurately, thinking that you’re paying — only a portion of the premium is a time-honored American custom. Obamacare has not yet convinced people that paying an unsubsidized premium is a good deal.
- Can Obamacare survive without corporate welfare payments to insurers? Everybody knows about income-based subsidies to needy individuals. Few have paid much attention to government subsidies to needy insurance companies. This cozy little arrangement includes a $10 billion “reinsurance” payment that the government is making to such plans this year. On average, taxpayers give insurance companies $1,408 for each of the 7.1 million people enrolled through the exchanges, or about $117 per enrollee per month. Without this corporate welfare, the average monthly premium for plans sold through the exchange would be $463 instead of $346. But there’s more. The government also is promising to pay these same insurers billions more through something called “risk corridors.” Both the General Accountability Office and the Congressional Research Service have said that it is unlawful for the government to make these payments absent an appropriation. The Administration will make them anyway. And my guess is that the government will continue to make them long after these supposedly temporary provisions are set to expire. The President professes to hate insurance companies, but he just might have a secret crush on them.
- How will voters react next year when the tax on the uninsured is collected for the first time? There’s a new tax in town and people will find out about it when they fill out their 1040s early next year. If you lacked health insurance coverage for any month during 2014, you have to pay the new tax, unless you qualify for a “hardship exemption.” The tax will be deducted from your refund check. The public might just take this in its stride. On the other hand, it might stir another round of resentment over the law.
- Will the Supreme Court rule against Obamacare? Hard to believe, but this March the court will mark the fifth anniversary of the law’s enactment by hearing oral arguments in a challenge to the law’s subsidies. Their decision in the case is expected next June. The law says that subsidies are available only for premiums purchased through a state exchange. Some 36 states do not operate such exchanges, having turned that task over to the federal government. In a related case, a three-judge panel from the D.C. Circuit Court of Appeals ruled that it is unlawful to pay subsidies on behalf of people enrolled in such federal exchanges. In essence, the Court must decide whether the law is what Congress, bless their pointed little heads, meant to write or what they actually wrote. If the Supreme Court upholds the letter of the law and strikes down the subsidies, then Congress would almost certainly have to rewrite the law.
Which, come to think of it, might not be such a bad idea.