Obamacare: We Don’t Need No Innovation

The Ford Edsel didn't last, but the 1965 Medicare benefit remains largely unchanged nearly 50 years later. [Credit: phrenicea.com]

The Ford Edsel did­n’t last, but the anti­quat­ed Medicare ben­e­fit did, still large­ly unchanged near­ly 50 years lat­er. 
[Cred­it: phrenicea.com]

Begin­ning next Jan­u­ary, it will be ille­gal for insur­ance com­pa­nies to sell poli­cies mod­eled on the ben­e­fit that mil­lions of seniors receive through Medicare.

And that’s a good thing.

As with most good things about the new health care law, though, it comes with poten­tial­ly neg­a­tive impli­ca­tions for your health coverage.

Let’s start with the good things. Sec­tion 1302 of the law requires that all cov­er­age sold through the new health insur­ance exchanges include the new gov­ern­ment-defined “essen­tial ben­e­fits pack­age.”  The ben­e­fits that Medicare offers to 50 mil­lion seniors and peo­ple with dis­abil­i­ties do not meet these new require­ments.  That doesn’t help seniors very much, but it means that the gov­ern­ment won’t inflict the anti­quat­ed Medicare pack­age of ben­e­fits on peo­ple under 65.

Medicare cov­er­age is wide­ly acknowl­edged by mem­bers of both polit­i­cal par­ties and by out­side experts to be a rel­ic.  Con­gress has refused for almost half a cen­tu­ry to change the ben­e­fits pack­age in any mean­ing­ful sense. There are sep­a­rate deductibles, for exam­ple, for inpa­tient ($1184) and out­pa­tient ($147) care.  There’s even a “blood deductible” – you have to buy 3 pints of blood before Medicare will pay for med­ical­ly nec­es­sary trans­fu­sions.  Once the deductible for out­pa­tient care is met, ben­e­fi­cia­ries are respon­si­ble to pay 20 per­cent of their bills for most treat­ment and care. Unlike with most pri­vate plans, there is no pre­ferred provider net­work where Medicare ben­e­fi­cia­ries can get physi­cian care for a small copay. On the inpa­tient side, Medicare lim­its the num­ber of days in the hos­pi­tal it will pay for both on an annu­al and life­time basis.

While there is a lim­it on what Medicare will pay for, there is no lim­it on what ben­e­fi­cia­ries are expect­ed to pay. And they often have to pay plen­ty. In recent tes­ti­mo­ny before the House Ener­gy and Com­merce Com­mit­tee, Har­vard econ­o­mist Kate Baick­er quan­ti­fied how much Medicare ben­e­fi­cia­ries spend out of their own pock­ets for care:

“With­out sup­ple­men­tal insur­ance, 14.5% of ben­e­fi­cia­ries would have faced out-of-pock­et expens­es of more than $2,500 in 2009, and more than half of ben­e­fi­cia­ries would have had at least one year between 2000–2009 where they faced $2,500 or more in out-of-pock­et expens­es (see Exhib­it). 15% would have had at least one year between 2000–2009 where they faced more than $5,000 in out-of-pock­et expens­es – or more than a third of the aver­age annu­al Social Secu­ri­ty income for a retired work­er. And these fig­ures are for hos­pi­tal, out­pa­tient facil­i­ty, and physi­cian care only – ben­e­fi­cia­ries face addi­tion­al cost-shar­ing lia­bil­i­ty for oth­er cat­e­gories of care such as pre­scrip­tion drugs, med­ical equip­ment, and skilled nurs­ing facilities.”

Medicare’s most glar­ing omis­sion is that it places no over­all caps on out-of-pock­et spend­ing, putting its ben­e­fi­cia­ries at risk of finan­cial ruin. That is exact­ly what the pro­gram was designed to prevent.

“No longer will ill­ness crush and destroy the sav­ings that they have so care­ful­ly put away over a life­time so that they might enjoy dig­ni­ty in their lat­er years,” Lyn­don John­son said in sign­ing the pro­gram into law.

Despite that promise, Baicker’s research found that Medicare exposed 2.4% of seniors to annu­al out-of-pock­et expens­es for hos­pi­tal inpa­tient and physi­cian care in excess of $10,000 in at least one year between 2000 and 2009. So much for not crush­ing and destroy­ing their savings.

Pres­i­dent John­son wasn’t try­ing to hood­wink seniors when he spoke those words. The gov­ern­ment sin­cere­ly believed that it was pro­vid­ing them with the pro­tec­tion it promised by giv­ing them state-of-the art Blue Cross-Blue Shield health cov­er­age … for 1965.

In a 2012 report to Con­gress, the Medicare Pay­ment Advi­so­ry Com­mis­sion (Med­PAC), a group that advis­es Con­gress on the Medicare pro­gram, wrote:

“Medicare’s ben­e­fit pack­age … has remained sub­stan­tial­ly unchanged since 1965. Dur­ing that time, insur­ance prod­ucts in the pri­vate sec­tor have under­gone numer­ous changes, med­ical tech­nol­o­gy has evolved rad­i­cal­ly, and Medicare pay­ment sys­tems have changed as well. Over the years, Medicare FFS prices and the amount of ser­vices ben­e­fi­cia­ries receive have grown dra­mat­i­cal­ly; as a result, some ben­e­fi­cia­ries may now incur very large cost-shar­ing lia­bil­i­ty because under the cur­rent ben­e­fit design no upper lim­it exists on the amount of Medicare cost-shar­ing expens­es a ben­e­fi­cia­ry can incur.

 

“Cur­rent law makes it dif­fi­cult to change Medicare’s ben­e­fit design as our health care sys­tem evolves. Although the prac­tice of med­i­cine and med­ical tech­nol­o­gy change rapid­ly, fair­ly rigid statu­to­ry para­me­ters give Medicare’s pro­gram man­agers lit­tle flex­i­bil­i­ty to change its ben­e­fit design in response, even as oth­er insur­ers change their ben­e­fit packages.”

Med­ical care evolves and pri­vate insur­ance cov­er­age evolves with it. That evo­lu­tion is nev­er even and often not pret­ty, as the excess­es of some HMOs in the 1990s proved. But the pri­vate sec­tor gen­er­al­ly finds a way to accom­mo­date change. Gov­ern­ment does not.

Near­ly half a cen­tu­ry lat­er, the gov­ern­ment is about to repeat Pres­i­dent John­son’s mis­take. Under the new health care law, all insur­ers will have to sell poli­cies that cov­er a gov­ern­ment-defined “essen­tial health ben­e­fits pack­age.”  Every health plan sold to indi­vid­u­als and small busi­ness­es in a state has to be iden­ti­cal. Only deductibles and cost-shar­ing can vary and, along with them, pre­mi­ums. High­er deducible poli­cies will cost less than poli­cies with small­er deductibles but cov­ered ben­e­fits can­not vary. The state will choose a “bench­mark” plan, gen­er­al­ly the one with the largest enroll­ment in the small group mar­ket. In many states, that would be Blue Cross. Sound familiar?

The same gov­ern­ment that offers seniors 1965 state-of-the-art health ben­e­fits will now offer 2013 state-of-the-art health ben­e­fits through the new health insur­ance exchanges. If expe­ri­ence is a reli­able guide, peo­ple liv­ing in 2060 will also get 2013 state-of-the-art coverage.

Back­ers of the law will say that the “essen­tial health ben­e­fits” pack­age will change with the times because the Sec­re­tary of HHS is required to review it peri­od­i­cal­ly. Sub­sti­tut­ing the judg­ment of a polit­i­cal appointee for that of Con­gress is hard­ly an improve­ment. What the Sec­re­tary will do is ref­er­ee fights among lob­by­ists, with dis­ease groups ask­ing for more gen­er­ous cov­er­age of their favored con­di­tion and insur­ers object­ing that such addi­tion­al cov­er­age will result in high­er costs to indi­vid­u­als (pre­mi­ums) and the gov­ern­ment (since high­er pre­mi­ums will trig­ger high­er sub­si­dies). Future Sec­re­taries will favor one group or the oth­er on an ad hoc basis, ren­der­ing judg­ments that reflect their own pref­er­ences and the polit­i­cal imper­a­tives of the moment.

More­over, the new health law, unlike Medicare, freezes the pri­vate mar­ket in place. The law for­bids insur­ers to sell a prod­uct in the indi­vid­ual or small group mar­ket that devi­ates from the essen­tial health ben­e­fits rigidi­ties. It makes inno­va­tion ille­gal. The Medicare ben­e­fit looks so quaint and dat­ed only because we can com­pare it to the ben­e­fits that most of the rest of us have in pri­vate plans. Since gov­ern­ment now dic­tates what those plans will sell, we will lose our point of comparison.

Oba­macare res­ur­rects Pres­i­dent Johnson’s con­ceit that gov­ern­ment knows exact­ly what insur­ance should cov­er.  Gov­ern­ment knows which health ben­e­fits are “essen­tial” and which are not, leav­ing no room for inno­va­tion or indi­vid­ual pref­er­ence.  That there is lit­tle rea­son to hold this con­ceit — and sub­stan­tial rea­son to doubt it — doesn’t mat­ter to the gov­ern­ing class. They are con­vinced in their bones that they are right and that we all will be bet­ter off if we sub­mit to their judgment.

Ken­neth Minogue, who until his recent death was a Pro­fes­sor at the Lon­don School of Eco­nom­ics, cap­tured the essence of this mind­set when he wrote:

“An ide­o­log­i­cal move­ment is a col­lec­tion of peo­ple, many of whom could hard­ly bake a cake, fix a car, sus­tain a friend­ship or a mar­riage, or even do a qua­drat­ic equa­tion, yet they believe they know how to rule the world. The uni­ver­si­ty, in which it is pos­si­ble to com­bine the­o­ret­i­cal pre­ten­sion with com­pre­hen­sive inep­ti­tude, has become the nat­ur­al habi­tat of the ide­o­log­i­cal enthusiast.”

Peo­ple “who com­bine the­o­ret­i­cal pre­ten­sion with com­pre­hen­sive inep­ti­tude” no longer con­fine them­selves to acad­e­mia. They have found a new habi­tat: government.

And a new ves­sel into which to pour their the­o­ret­i­cal pre­ten­sions: Obamacare.

2 thoughts on “Obamacare: We Don’t Need No Innovation”

  1. This arti­cle infers that stan­dard­ized Medicare Sup­ple­ments, i.e., Plan F, etc. will no longer be avail­able for sale after Jan­u­ary 2014, not even to Medicare ben­e­fi­cia­ries. Sure­ly, that is not the case.

    • You are cor­rect. That is not the case. The post dis­cuss­es the Medicare ben­e­fit as defined by the gov­ern­ment. Peo­ple can still pur­chase addi­tion­al cov­er­age to fill in the gaps that Medicare leaves. That is a defi­cien­cy of the ben­e­fit. Very few peo­ple under 65 pur­chase sup­ple­men­tal cov­er­age because the pol­i­cy they have is ade­quate to their needs. Under Medicare, by con­trast, 90 per­cent of peo­ple either avoid that ben­e­fit entire­ly (by enrolling in Medicare Advan­tage) or have their cov­er­age sup­ple­ment­ed through Med­ic­aid, employ­er-spon­sored cov­er­age, or by pur­chas­ing Medi­gap cov­er­age (such as the Plan F that you men­tion). I did­n’t ref­er­ence the 90 per­cent fig­ure in the post, although it pro­vides fur­ther evi­dence of just how out­dat­ed the gov­ern­ment-defined Medicare ben­e­fit has become.

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