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 Friday, March 12, 2010
Will and Gratzer on the 12% Problem
By Paul Hsieh, MD @ 9:25 AM PermaLink

In the March 11, 2010 Washington Post, George Will discusses some of the ideological underpinnings of Obama's political approach in "As a progressive, Obama hews to the Wilsonian tradition".

With respect to health care, Will also links to a nice piece by Dr. David Gratzer from 2/26/2010, "The Health Care Number You Didn't Hear".

Gratzer calls this "the 12% problem":
American health care is an accidental system. Private coverage -- the type most Americans have -- has its origins in the wage controls of the Second World War as employers offered rich health-insurance benefits in pre-tax dollars. Public coverage like Medicaid and Medicare, on the other hand, takes its inspiration from the Beveridge report in Britain, drafted in the early 1940s; Lord William Beveridge believed in zero-dollar health care -- that people ought to pay nothing at the point of use. Today's American health care fuses these two systems, but with a common economic flaw: people are overinsured, paying pennies directly on every dollar of health service they receive.

The end result: for every dollar spent on health care in the United States, just 12 cents comes out of the individuals' pockets. Imagine what food costs might be if your employer paid 88% of your grocery bill or what a trip to Saks might be like if your company covered the vast majority of the costs of the shopping spree.

Far from addressing the 12 cent problem, Obamacare would exacerbate it. With its rich subsidies, expansion of government programs, insistence that all insurance cover specific services (and some with no copayments at all), Obamacare would pour fuel on the fire of health inflation. It's one reason that even the chief actuary of the Centers for Medicare and Medicaid Services -- a federal employee -- predicts cost rises under the President's plan.
(Read the full text of "The Health Care Number You Didn't Hear".)

Gratzer is completely correct. Bad government policy creates perverse economic incentives, which give rise for yet more bad government controls to "fix" the problem.

This is why we need to take a step back and think about free-market reforms that repeal those prior bad laws. That's the only way we will get costs under control.

(Links via LT.)

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 Thursday, March 11, 2010
Hillman: "More health care 'help' we can't afford"
By Paul Hsieh, MD @ 12:05 AM PermaLink

Former CO state senator Mark Hillman discusses more unintended consequences of health insurance mandates.

Here is an excerpt from his post, "More health care 'help' we can't afford":
Two years ago, my wife and I had our first child. We are both self-employed and buy policies through the individual market. We specifically chose not to buy pregnancy coverage, although coverage for "complications of pregnancy" were standard with our Assurant Health policy.

The reason we didn't want to buy coverage for a normal pregnancy is the same reason everyone should have that choice -- a normal pregnancy is not an "insurable event." An insurable event is defined as something that occurs without warning, is unlikely to occur, and is unwanted.

Consumers understand this concept well in every situation except health insurance. We buy home insurance to pay for losses due to fire, hail storms, tornadoes or theft -- not to pay for repainting the family room or updating the kitchen. We buy auto insurance to pay for accidents, storm damage or vandalism -- not to pay for a new set of tires or an oil change.

Over the years, health insurance has moved away from the concept of insurance and become a complicated financing scheme for everything related to health. That's why it's so expensive.
Hillman makes many additional excellent points in his piece. I strongly recommend reading the full text of "More health care 'help' we can't afford".

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 Thursday, March 4, 2010
Mythbusting From Megan McArdle
By Paul Hsieh, MD @ 12:05 AM PermaLink

Megan McArdle asks the provocative question, "Everyone knows that people without health insurance are more likely to die. But are they?"

Here's an excerpt from the article in the March 2010 Atlantic, "Myth Diagnosis":
...If we lost our insurance, would this gargantuan new entitlement [of government-guaranteed health insurance] really be the only thing standing between us and an early grave?

Perhaps few people were asking, because the question sounds so stupid. Health insurance buys you health care. Health care is supposed to save your life. So if you don’t have someone buying you health care well, you can complete the syllogism.

Last year's national debate on health-care legislation tended to dwell on either heart-wrenching anecdotes about costly, unattainable medical treatments, or arcane battles over how many people in the United States lacked insurance. Republicans rarely plumbed the connection between insurance and mortality, presumably because they would look foolish and heartless if they expressed any doubt about health insurance’s benefits. It was politically safer to harp on the potential problems of government interventions -- or, in extremis, to point out that more than half the uninsured were either affluent, lacking citizenship, or already eligible for government programs in which they hadn't bothered to enroll.

Even Democratic politicians made curiously little of the plight of the uninsured. Instead, they focused on cost control, so much so that you might have thought that covering the uninsured was a happy side effect of really throttling back the rate of growth in Medicare spending. When progressive politicians or journalists did address the disadvantages of being uninsured, they often fell back on the same data Klein had used: a 2008 report from the Urban Institute that estimated that about 20,000 people were dying every year for lack of health insurance.

But when you probe that claim, its accuracy is open to question...
McArdle raises a similar point in her February 10, 2010 essay, "How Many People Die From Lack of Health Insurance?":
...Probably the best one looked at patients who had been taken to the ER, which still showed higher mortality for the uninsured. But it's not clear that this indicates that lacking insurance is dangerous; it may be telling us that people who lack insurance have a lot of factors that lead to poorer health outcomes.

To my mind probably the single most solid piece of evidence is this: turning 65 -- i.e., going on Medicare -- doesn't reduce your risk of dying. If lack of insurance leads to death, then that should show up as a discontinuity in the mortality rate around the age of 65. It doesn't. There are some caveats -- if the effects are sufficiently long term, then it's hard to measure, because of course as elderly people age, their mortality rate starts rising dramatically. But still, there should be some kink in the curve, and in the best data we have, it just isn't there.
McArdle highlights the greatly under-appreciated concept that "coverage" is not care.

Insurance is a particular method of financing medical care, but is distinct from actual medical care, just like automobile insurance is distinct from the actual services rendered by a mechanic in an auto repair shop.

Too many politicians conflate insurance "coverage" with care. And by imposing government policies that attempt to guarantee theoretical "coverage" (as in Massachusetts), they hinder people's ability to receive actual medical care.

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 Monday, March 1, 2010
Napolitano: 4 Health Care Questions and Answers
By Paul Hsieh, MD @ 12:05 AM PermaLink

Judge Andrew Napolitano posts, "4 Health Care Questions and Answers". The questions include:
1. Can the federal government compel a person to have health insurance?
2. Why can't I buy health insurance from whatever carrier is willing to sell it to me?
3. Is tort reform constitutional?
4. Is there anything in the Constitution that empowers Congress to regulate health care or get between patients and their physicians or empower bureaucrats to tell physicians how to practice medicine?
(Read the full text of "4 Health Care Questions and Answers" for the answers.)

What's especially noteworthy is the how the problems we are experiencing are caused by bad government laws. Hence, the solution is not to impose yet more bad laws (which will only make things worse) but instead to repeal the existing bad laws.

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 Thursday, February 25, 2010
Hsieh OpEd at PJM: "Republicans: Beware the Trap of 'Limited' Reforms"
By Paul Hsieh, MD @ 7:01 AM PermaLink

PajamasMedia has just published my latest health care OpEd, "Republicans: Beware the Trap of 'Limited' Reforms".

My theme is the seemingly innocuous compromise "reform" of requiring insurers to cover all pre-existing conditions would gradually lead to a full government takeover of health care.

I was very glad to be able to cite John Lewis' excellent TOS article observing that the Democrats' last secret weapon against the American people was the Republicans' willingness to compromise (in the final paragraph).

Here is the opening:
President Obama attempted to revive his faltering health care initiative by releasing a revised version of his plan on Monday. But as Grace-Marie Turner of the Galen Institute noted, the president's basic approach remains to "Tax, Spend, Regulate, Mandate" -- i.e., to impose massive new government controls over health care that Americans have already rejected in tea party protests across the country and in the polling booths of Massachusetts.

GOP leaders have been appropriately skeptical of the president's demand that his plan be the basis for their "summit" negotiations, calling it a "nonstarter." But while they've avoided that obvious trap, the Republicans are still in danger of falling for the subtler trap of agreeing to seemingly benign limited compromise "reforms" that would merely result in a slower government takeover of American health care.

One of the Democrats' favorite limited proposals has been to require insurance companies to accept all customers regardless of pre-existing medical conditions -- an idea supported by many Republicans...
(Read the full text of "Republicans: Beware the Trap of 'Limited' Reforms".)

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 Tuesday, February 23, 2010
Presidential Plan Panned
By Paul Hsieh, MD @ 12:05 AM PermaLink

President Obama has just announced his new health care plan based on new price controls on the insurance industry, and it has apparently landed with a "thud".

AP News reports, "Outlook no brighter for Obama's new health plan".

Grace-Marie Turner notes that is just more, "Tax. Spend. Regulate. Mandate."

In other words, he is attempting to address the problems created by prior government controls on insurance with yet more government controls. That's as likely to work as the proverbial "putting out fire with gasoline".

Let's hope the rest of the country sees through this folly.

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 Monday, February 22, 2010
Permanent Political Football
By Paul Hsieh, MD @ 12:05 AM PermaLink

While reading a seemingly-unrelated story in the New York Times about the Texas State Board of Education, I was struck by the parallels between special-interest lobbying that occurs with a mandatory school curriculum and special-interest lobbying that occurs with mandatory health insurance.

The February 14, 2010 New York Times Magazine published a lengthy article entitled "How Christian Were the Founders?" This article described in detail the ferocious political lobbying in Texas resulting from the fact that Texas has established a statewide curriculum guideline for all its schools. Hence special interest groups have a powerful incentive to have their point of view promulgated in this mandatory curriculum.

The NYT article focused primarily on the Religious Right, and their often-successful attempts to promote the theme that "America is a Christian nation" -- by which they mean that "the United States was founded by devout Christians and according to biblical precepts". This in turn has powerful implications for what they believe children should be taught about American history, the proper relationship between government and religion, and what they considered the dangerously flawed notion of "separation of church and state". And they have been successful in using the power of government to include their views within the textbooks in use throughout the state of Texas.

Regardless of whether one agrees or disagrees with the various Religious Right theories of American history, the kind of lobbying they engage in is a completely predictable consequence of a government-mandated educational curriculum. In other jurisdictions, we might see hardcore environmentalists attempt to require school textbooks adopt a radical "green" perspective or leftists require teaching an anti-West, anti-capitalist curriculum.

Basically, the presence of a mandatory curriculum serves as a giant magnet for special interest groups seeking to have their particular viewpoint represented in the curriculum. It turns the educational curriculum into a permanent political football to fought over by the various interest groups.

Hence, there is a parallel with the lobbying that occurs under a system of mandatory health insurance. If everyone is required to purchase health insurance (as they are in Massachusetts), the government must necessarily determine what constitutes an "acceptable" package. This creates a giant magnet for special interests to have their particular pet benefit included in the mandatory package. In Massachusetts, residents must therefore purchase numerous benefits that they may neither need nor want, including in vitro fertilization, chiropractor services, alcoholism therapy, and hair prostheses -- raising costs for everyone to benefit the few with sufficient political clout.

Nor does the lobbying ever stop. As Michael Cannon noted in the August 27, 2009 Detroit News:
In the three years since Massachusetts enacted its individual mandate, providers successfully lobbied to require 16 specific types of coverage under the mandate: prescription drugs, preventive care, diabetes self-management, drug-abuse treatment, early intervention for autism, hospice care, hormone replacement therapy, non-in-vitro fertility services, orthotics, prosthetics, telemedicine, testicular cancer, lay midwives, nurses, nurse practitioners and pediatric specialists.

The Massachusetts Legislature is considering more than 70 additional requirements.
As with mandatory educational curricula, mandatory health insurance thus becomes a permanent political football for special interests to fight over.

Of course, the solution in both arenas is to eliminate the government mandate. Just as parents should be allowed to decide what kind of education their children should receive, consumers should be allowed to decide what sorts of health insurance they wish to purchase. The government should respect and protect these individuals' rights to make these decisions for themselves, rather than making that decision for them.

However, according to the February 18, 2010 New York Times story, "Obama to Offer Health Bill to Ease Impasse as Bipartisan Meeting Approaches", President Obama is still insisting on his plan of mandatory insurance as the basis for his upcoming health care "summit" with the Republicans.

His plan would thus turn health insurance into an unfair game of permanent political football, where the politically strong perpetually pummel ordinary Americans who lack sufficient lobbying pull. Unless Americans want to become the permanent tackling dummies for the special interest groups, they should remain firm in their current opposition to the President's plan and not let down their guard yet.

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 Tuesday, February 16, 2010
Schwartz Rebuts Carroll
By Paul Hsieh, MD @ 12:15 AM PermaLink

Brian Schwartz does a nice job rebutting Colorado state senator Morgan Carroll's claim that allowing people to purchase insurance across state lines would create a "race to the bottom".

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Virginia Legislature Outlaws Mandatory Insurance
By Paul Hsieh, MD @ 12:05 AM PermaLink

From the February 12, 2010 New York Times:
Virginia Legislature Passes Ban on Insurance Mandate

The Virginia House of Delegates on Friday passed legislation intended to shield citizens from any federal requirement that they purchase health insurance. The bill goes to the governor for signing.
Assuming the governor signs this bill, it means that any attempt by the federal government to impose mandatory insurance could create a constitutional issue that might ultimately need to be resolved by the U.S. Supreme Court.

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 Monday, February 15, 2010
Ten Small-Scale Reforms for Pre-Existing Conditions
By Paul Hsieh, MD @ 12:15 AM PermaLink

John Goodman and the National Center for Policy Analysis have proposed "Ten Small-Scale Reforms for Pre-Existing Conditions". All of these would move us in the right direction of free-market health reforms, without creating a huge new government welfare entitlement.

The ideas include:
* Encourage portable insurance.
* Allow special health savings accounts for the chronically ill.
* Allow special needs health insurance.
* Allow health status insurance.
* Allow self-insurance for changes in health status.
* Give people on their own the same tax break employees get.
* Allow providers to repackage and reprice their services under Medicare and Medicaid.
* Allow access to mandate-free insurance.
* Create a national market for health insurance.
* Encourage post-retirement health insurance.
According to Goodman, "These 10 reforms would encourage insurers to compete to cover patients with chronic illnesses, rather than trying to avoid them. They would give doctors and other health care providers incentives to innovate, and to use technology in order to improve quality and reduce costs".

For further details of each proposal, see the full text of "Ten Small-Scale Reforms for Pre-Existing Conditions". There's also a PDF version.

Update: Trey Givens raised a good point in the comments about point 7 ("Allow providers to repackage and reprice their services under Medicare/Medicaid").

My $0.02: Eventually, the government should get out of all providing health insurance since that's outside of its basic function of protecting individual rights. But point 7 could be a transitional step towards eventual complete privatization of such programs. As Lin Zinser and I discussed in our TOS article on "Universal Health Care", those programs can't be eliminated overnight.

I personally believe that #7 could be an appropriate part of the process of phasing them out. (I'm not necessarily speaking for my co-author Lin on this matter.) Thanks, Trey, for pointing this out!

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 Wednesday, February 3, 2010
States Seeking To Ban Mandatory Health Insurance
By Paul Hsieh, MD @ 12:05 AM PermaLink

The Associated Press reports that more states are trying to opt out of any kind of federal mandatory health insurance measures.

From their article, "States seeking to ban mandatory health insurance":
...[C]onservative lawmakers in about half the states are forging ahead with constitutional amendments to ban government health insurance mandates.

The proposals would assert a state-based right for people to pay medical bills from their own pocketbooks and prohibit penalties against those who refuse to carry health insurance.

In many states, the proposals began as a backlash to Democratic health care plans pending in Congress. But instead of backing away after a Massachusetts election gave Senate Republicans the filibuster power to halt the health care legislation, many state lawmakers are ramping up their efforts with new enthusiasm....

Lawmakers in 34 states have filed or proposed amendments to their state constitutions or statutes rejecting health insurance mandates, according to the American Legislative Exchange Council, a nonprofit group that promotes limited government that is helping coordinate the efforts. Many of those proposals are targeted for the November ballot, assuring that health care remains a hot topic as hundreds of federal and state lawmakers face re-election.
I'm very pleased that Colorado is one of those states!

Americans' desire for freedom is still strong.

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 Monday, February 1, 2010
Gorman and Schwartz on Health Choice
By Paul Hsieh, MD @ 12:05 AM PermaLink

The January 29, 2010 Aurora Sentinel published this OpEd from Linda Gorman and Brian Schwartz explaining, "Why we're 'crazy' about health care choice".

Here's an excerpt:
...Along with stopping mandatory insurance purchase, the Right to Health Care Choice allows people to buy more affordable policies sold in other states. Thirty states have less expensive small-group premiums than Colorado. If governments did not shield insurers from interstate competition, “12 million previously uninsured” Americans would have coverage according to University of Minnesota economists.

You have the right to buy the best available insurance policy for you and your family. You also have the right to donate to charities of your choice. The Health Care Choice Initiative would protect you from politicians who want to deprive you of choice and increase your insurance premiums and taxes.
Thank you, Linda and Brian!

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 Friday, January 29, 2010
Massachusetts' Other GOP Winner
By Paul Hsieh, MD @ 12:05 AM PermaLink

Amidst the euphoria by anti-ObamaCare activist over the Scott Brown election victory, Kimberley Strassel warns that some of the underlying principles behind ObamaCare may have gotten a political boost.

Here's an excerpt from her January 22, 2010 Wall Street Journal piece, "Massachusetts' Other GOP Winner":
...Mr. Brown brazenly turned his Senate bid into a referendum on President Obama's health plan, and voters rewarded him with a job. Yet ObamaCare's model was the health reform inflicted on Massachusetts by a certain Republican governor in 2006, otherwise known as RomneyCare.

That precursor shares many elements of Washington's legislation, from an individual mandate, to employer taxes, to subsidized middle-class insurance. The program has bombed, creating giant costs while realizing minimal benefits. A big reason only 25% of Massachusetts voters strongly approve of ObamaCare is because of this experience.

The state plan has become a millstone for Mr. Romney, yet he has refused to disavow it. Had he campaigned with Mr. Brown he'd have undoubtedly been asked about it, and undoubtedly given an answer as unsatisfying as those to date.

...Mr. Romney has never backed away from his individual mandate, which requires people to buy insurance or pay a fine. Yet Republicans and independents despise the mandate, with many believing it is downright unconstitutional.

Mr. Romney's subsidized coverage is meanwhile doing what entitlements do: crowding out private insurers, compounding the cost explosion, walking the state toward rationing. So long as the former governor clings to these central points of his health plan, he's on the wrong side of free-market policy and public opinion.

That might be why in December Mr. Romney shifted again, saying his program differed significantly from ObamaCare in that it "solved" the "problem" at the state level, and featured no public option. But the public option argument has gone poof. And while GOP primary voters care about federalism, most will be hard pressed to parse the difference between a failed state program and a failed federal one.
Similarly, Republican Senator Orin Hatch of Utah (and co-authors Blackwell and Klukowski) wrote the following in his January 2, 2010 Wall Street Journal piece "Why the Health-Care Bills Are Unconstitutional":
The federal government may exercise only the powers granted to it or denied to the states. The states may do everything else. This is why, for example, states may have authority to require individuals to purchase health insurance but the federal government does not. It is also the reason states may require that individuals purchase car insurance before choosing to drive a car, but the federal government may not require all individuals to purchase health insurance.
In other words, they object only to the fact that the federal government would require mandatory health insurance, rather than state governments.

Unless Brown, Romney, and the Republicans disavow the principle of mandatory insurance, we may see it in a new form in a few years.

I would like to think that the Republicans would recognize the importance of arguing these issues in principle. But I won't hold my breath waiting...

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 Wednesday, January 27, 2010
Barro on "Scaled Back" ObamaCare
By Paul Hsieh, MD @ 12:05 AM PermaLink

In the January 26, 2010 RealClearMarkets.com, Josh Barro has written up his own analysis on why "A 'Scaled Back' Health Bill Won't Work".

Here is an excerpt:
In 1993, New York adopted two of the most popular parts of the health care reform bill that recently passed the Senate: "guaranteed issue," or a rule that insurers must sell to anyone, regardless of pre-existing conditions; and "community rating," which prevents insurers from setting premiums based on characteristics like age and sex. (New York's reform is more radical than proposed federal reforms, as it allows no variance at all on age; the Senate bill would cap the amount of age-based difference).

New York did not require anybody to buy health insurance, nor did it give out subsidies to help people pay for it (though it did expand government-provided insurance at vast taxpayer expense.)

These reforms were supposed to make it possible for more people to get insurance coverage. Instead, what they did was drive premiums through the roof. Now, the cheapest insurance plan for a family in New York City costs $26,040, compared to a national average of around $13,000.

Unsurprisingly, few New Yorkers find these prices affordable, and the share of New Yorkers with individually-purchased coverage has fallen by 96%, to about 2 in 1000. Functionally, New York barely even has an individual insurance market anymore. As a result, New York's rate of uninsurance is in the middle of the pack nationally, even though the state ranks 4th in the share of residents on Medicaid.

New York experienced what is known as an "insurance death-spiral." Under community rating and guaranteed issue, healthy people found insurance premiums to be a bad deal and they dropped out. This increased the average risk among insureds, so premiums rose once more, again driving the healthier and poorer participants to drop. The process repeated itself until almost nobody found it worthwhile to buy their own insurance.
(Read the full text of "A 'Scaled Back' Health Bill Won't Work".)

In other words, instead of duplicating the failed Massachusetts experiment at the national level, the Congress is now proposing to duplicate the failed New York policies at the national level.

Perhaps we should try free market reforms instead!

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 Tuesday, January 26, 2010
Faux Health Reform
By Paul Hsieh, MD @ 12:05 AM PermaLink

The Washington Times is the latest paper to chime in against the proposed scaled back "insurance reforms" in its January 25, 2010 OpEd, "Faux health reform".

One excerpt:
President Obama and some other Democrats are putting out sounders about scaled-down health regulations. Striking his new populist pose, Mr. Obama told ABC News, "We know that we need insurance reform, that the health insurance companies are taking advantage of people." The problem with the president's anti-business stance is that if enacted into law, it will destroy private health insurance.

You don't have to take our word for it. Liberals like New York Times columnist Paul Krugman are warning about the president's suggestion. Regarding the regulation to forbid insurance companies from taking into account preexisting health conditions, Mr. Krugman wrote, "healthy people [will] choose to go uninsured until they get sick, leading to a poor risk pool, leading to high premiums, leading even more healthy people dropping out." In other words, proposed regulations would produce more uninsured Americans and higher insurance costs.

To illustrate how bad this idea is, imagine if motorists could buy automobile insurance right after an accident and then were allowed to drop it once the car was fixed. Without revenue from regular premiums, insurance companies couldn't cover all the claims and would go under...
One question -- is that a bug or a feature? In other words, are there some politicians who want to pass this kind of measure knowing that the economic logic will eventually drive private insurance companies out of business? Then they could claim that "the free market has failed" and propose a governnent-run "single-payer" system as the solution.

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 Friday, January 22, 2010
IBD: Why 'Scaled-Down' Health Reform Won’t Work
By Paul Hsieh, MD @ 12:15 AM PermaLink

Given that there's little political will in Congress to pass the blockbuster ObamaCare bill, the most likely next tactic will be attempting to pass the various provisions in a piecemeal or scaled-down fashion.

One proposed scaled-back version is a law requiring insurers to accept patients regardless of pre-existing conditions.

But the January 20, 2010 Investor's Business Daily explains why this won't work:
...[F]orcing insurers to accept all comers without an individual mandate could destroy the economics of the industry. The young and healthy could simply choose not to get coverage until they get sick. States with guaranteed coverage but no mandates are among those with the highest premiums in the nation.

If there's an individual mandate, the government would likely feel compelled to provide major subsidies to help lower- and middle-class Americans afford care. And financing such a bill would require big spending and/or tax hikes. And that would bring Democrats back to where they were before Tuesday.
Amanda Teresi explains the key issue as follows:
It would be the equivalent of not having any car insurance, hitting a tree, and then calling Geico and saying you want to sign up. It doesn't make sense.
Instead of more government controls over insurance, we need a free market. Insurers should be able to offer policies on terms based on their own best judgement and prospective customers should be free to purchase (or not purchase) those policies based on their own best judgment.

Furthermore, if patients were unhappy with current insurance offerings, a free market would permit them to form their own risk pool and essentially self-insure. It is only onerous government regulations that prevent willing individuals from voluntarily forming their own insurance companies as they see fit. Instead, they have to abide by all the regulations and restrictions of their state insurance commissioner.

A fully free market would protect individuals' ability to purchase insurance, whereas imposing still more restrictions on whom insurers must cover and what benefits they must offer would actually destroy it.

For more information on this, please see my article from the Fall 2009 issue of The Objective Standard:

"How the Freedom to Contract Protects Insurability"

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 Monday, January 18, 2010
Hsieh PJM OpEd: America Doesn't Need a Health Insurance Czar
By Paul Hsieh, MD @ 8:50 AM PermaLink

The January 18, 2010 edition of PajamasMedia has just published my latest OpEd, "America Doesn't Need a Health Insurance 'Czar'".

Here is the opening:
The Wall Street Journal warns us that under ObamaCare, we may see yet another "czar" -- this time, in charge of our mandatory health insurance. This would be in addition to the long list of czars President Obama has already appointed for "green jobs," executive pay, domestic violence, international climate change, and the auto industry.

Under any system of mandatory insurance, the government must necessarily determine what constitutes an "acceptable" plan. The health insurance czar would be in charge of a new bureaucracy called the "Health Choice Administration," which would regulate what prices insurance companies could charge for policies, who they must cover, and what benefits they must offer...
(Read the full text of, "America Doesn't Need a Health Insurance 'Czar'.")

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 Saturday, January 16, 2010
Quick Links: Opacity, Lab Tests, Lobbyists
By Paul Hsieh, MD @ 12:05 AM PermaLink

A few stories from the last few days.

1) The White House hates real transparency, as we've seen by their refusal to live up to their promise to hold health care negotiations in public.

But they've also engaged in some reverse transparency ("opacity"?), at least according to this story: "How the White House Used Gruber's Work to Create Appearance of Broad Consensus".

2) Brian Schwartz alerts us to John Stossel's piece: "A Sliver of Free Market in Medicine".

Willing patients should be able to purchase lab tests without having to go through a physician. The AMA (American Medical Association) is wrong on this issue, and that's another reason I'm not a member.

3) The Wall Street Journal reports that lobbyists for drug and insurance companies are backing the pro-ObamaCare Senate candidate in Massachusetts, Martha Coakley.

Instead of taking a principled stand against government regulations (and for free market reforms), they're probably thinking they can sway the political process to their liking by supporting (appeasing?) the greater statist now. If history is any guide, they'll soon learn the error of their ways. It's too bad we'll also have to pay the price for their folly.

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 Sunday, January 10, 2010
Will ObamaCare Kill The HSA?
By Paul Hsieh, MD @ 11:55 AM PermaLink

Brian Schwartz at PatientPowerNow.org alerts us to this recent analysis on whether ObamaCare will kill the HSA (Health Savings Account).

From Roy Ramthun's piece, "Status of HSAs and Consumer-Driven Health Care in Health Reform":
...[T]he changes proposed to all health insurance policies could have potentially adverse affects on high deductible health plans (HDHPs) that currently make people eligible to contribute to HSAs. Some of the impact may not be known until regulations implementing the final provisions are written.

...Another new requirement for all insurance policies is that they provide a minimum actuarial value for the benefits covered.

Under the House bill, the minimum actuarial value must be at least 70 percent. Under the Senate bill, the minimum actuarial value must be at least 60 percent. Given the higher deductibles that most HDHPs have (compared to traditional HMO and PPO plans), the lower minimum actuarial value requirement in the Senate bill would make it easier for more HDHPs to meet the standard.

...It is also not clear whether a plan's actuarial value would include employer or individual contributions made to the individual's HSA.

The House bill is completely silent on this matter which would leave it up to the Secretary of HHS to define in regulations. The Senate bill requires the Secretary of HHS to issue regulations on this matter.

Including the contributions in the calculation of a plans actuarial value would make it easier for more HDHPs to meet the minimum actuarial value requirement. If contributions are not included, HDHPs, many of which have actuarial values below 60 percent (or whatever the final standard becomes) based on the insurance coverage alone, could no longer be sold.
(I highly recommend reading the full text of "Status of HSAs and Consumer-Driven Health Care in Health Reform" for additional details of the proposed new regulations.)

In essence, the Secretary of Health will have the discretion to determine whether you are allowed to use a Health Savings Account to take care of your insurance needs. Instead of a "rule of law", we'll have "rule by men" with enormous latitude to decide whether you can spend your own money as you see fit to protect your own life and health.

Given the increasing popularity of HSA's, these new laws could affect millions of Americans

This is just an application of the basic principle that we've already seen in Massachusetts. When government makes health insurance mandatory, the government must also necessarily determine what constitutes an "acceptable" policy. This means depriving individuals of the ability to choose plans (such as HSA's) that they might consider in their best interest. Instead, government will force Americans to spend their money as the government sees fit.

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 Saturday, January 9, 2010
Schwartz PJM: "Insurers' 'Sins' Don't Justify Reform"
By Paul Hsieh, MD @ 1:05 AM PermaLink

Congratulations to Brian Schwartz for having his latest OpEd published on January 8, 2010 by PajamasMedia.

Here is the introduction to his piece, "Health Insurers' 'Sins' Don't Justify Reform":
Are health insurance companies evil? A web search for the phrase turns up almost a million hits. The common reasons for this passionate indictment are insurance company profits, denial of claims, and rescission of policies. But these do not justify the Democrats’ goal of expanding political control of health insurance. Rather, they call attention to existing controls that unfairly advantage insurers and limit competition that would keep insurers honest. They also suggest government’s failure to enforce contracts.
(Read the full text of "Health Insurers' 'Sins' Don't Justify Reform".)

Schwartz nicely explains why the solution to our current problems is not more regulation but rather free-market reforms.

Thank you, Brian!

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 Thursday, December 31, 2009
Orient: Is it Always Better to Have Health Insurance?
By Paul Hsieh, MD @ 12:05 AM PermaLink

Dr. Jane Orient asks the provocative question, "Is it Always Better to Have Health Insurance?"

In particular, she describes a patient who lost her insurance and paid $900 out-of-pocket for treatment to save her eyesight. She didn't have $900 immediately, but was able to work out a time payment plan with the treating physician.

In contrast, she describes what would have happened if the patient had "coverage" from the government:
...Now, what would have happened if the Medicaid program hadn't cut her off -- because she earns $100/month too much? In that case, she wouldn't have had to worry about the bill.

But -- the receptionist would have had to say: "You'll need to fax over a referral."

A Medicaid patient can't be billed, except for a nominal copayment. Without a referral, Medicaid can’'t be billed. So if the specialist, or in this case subspecialist, sees the patient, he cannot be paid. Moreover, he is probably violating a rule and conceivably might be prosecuted for soliciting business (that's called "fraud"). Discounts and freebies are marketing strategies, after all, and the poor and vulnerable have to be protected.

Not just any doctor can give the patient a referral. This doctor couldn't. It has to be the patient's primary care provider, who is contracted with the patient's plan. And the specialist has to be in the plan too.

Say that a seizure patient needs to see a neurologist promptly to have his medications adjusted. Sorry, the emergency room doctor can't write the referral. Neither can the hospitalist who is discharging the patient from the hospital. It has to be the "primary." If the primary happens to know the patient, he might just send the referral. But most of the time, the patient will have to come in. The primary won’t want to risk getting an unnecessary referral or an incident of "inadequate documentation" on his report card.

For a retinal problem, there are probably three hurdles: the primary gatekeeper (who might not even think of the diagnosis), then the general ophthalmologist (who will make the diagnosis but can't treat it), and finally the subspecialist. All probably have waiting times for appointments, especially for Medicaid patients. Most doctors can’t afford to see very many of those.

Not just Medicaid, but all managed-care plans have a structure like that. It's part of the cost-containment strategy. I know of three insured patients who had retinal detachments. They all had premonitory symptoms, and they all -- eventually -- had elaborate and costly operations, as many as six procedures. They were "covered," and they didn't get a bill for $900, but they had a poor visual outcome that might have been prevented by prompt treatment.
(Read the full text of "Is it Always Better to Have Health Insurance?"; link via JG.)

Dr. Orient's analysis vividly illustrates the point that "coverage" does not equal care.

Furthermore, government policies that attempt to guarantee "coverage" will create bureaucratic regulations and cost-control guidelines that will restrict the ability of physicians to offer actual care to their patients.

Or as Dr. Orient puts it:
Insurance is supposed to help you pay bills in the rare event of a catastrophe. If it morphs into a scheme for emptying your wallet in advance, and then prevents bills by preventing treatment, we just might be better off without it.

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 Wednesday, December 30, 2009
Ralston: Twelve Ways to Increase the Cost of Health Insurance
By Paul Hsieh, MD @ 12:05 AM PermaLink

Richard Ralston, executive director of Americans for Free Choice in Medicine, dissects the many problems with the recently-passed Senate bill. (This was written on December 22, before the bill was passed).

Here is the full text of his piece, "Twelve Ways to Increase the Cost of Health Insurance":
Health care legislation now being debated in the Senate will do nothing to make health care more affordable but quite a lot to make it more expensive. It serves the purpose of a massive and permanent expansion of the size and power of government and the political class as an end in itself. Twelve of the many provisions that will increase the cost of care include:

The increase in government spending is largely unfunded. The ten years of increased taxes and fees to cover six years of spending conceals the true long-term cost. Taxes collected for four years before the new spending begins will of course not be set aside and hidden under a mattress by Senator Reid and Speaker Pelosi. The government will blow right through it and spend it on other things until the new spending begins. More taxes will accompany much more debt and the cost of serving the debt, which will increase the cost of health care for everyone.

The requirement that insurers take a loss and issue policies to those with pre-existing conditions will shift costs for their care to other premium payers.

The limit on co-payments will shift costs to premium payers.

The limit on deductibles will shift costs to premium payers.

New fees and taxes on medical equipment manufacturers will increase the cost of equipment and insurance.

The cost of medical liability insurance -- and the defensive medicine it forces physicians to practice in order to protect themselves -- punishes financially the states that currently limit the size of non-economic damages and the fees lawyers take from settlements. Rather than limiting such costs, it will provide strong incentives for trial lawyers to increase litigation, which will increase the cost of health care and insurance for everyone.

The tax on insurance companies for policies that provide the most benefits will increase premiums on those policies.

More health care providers will be reimbursed for less than the cost of their services, shifting those costs to other patients and premium payers.

Pre-tax contributions to flexible savings and health savings accounts will be limited and their use made more difficult, increasing the taxes and cost of care for those with such plans.

The legal requirement to buy insurance under penalty of fines and imprisonment will force the purchase of insurance with provisions specified by the government, in response to providers with the political pull to force coverage of their services. That will increase the cost of insurance.

Higher costs will not be limited to private insurance: Medicare taxes will be increased while Medicare benefits are decreased.

Medicare Advantage plans will be eliminated, reducing benefits for the ten million seniors who have them, and forcing them to pay more for "Medi-Gap" insurance -- creating a financial jackpot for the AARP in disregard for the interests of its members.

Other provisions will increase spending and debt, such as forcing states to provide Medicaid to millions of additional people without any revenue to pay for it.

Even though the Congressional Budget Office has not taken many of these costs into consideration -- especially cost shifting -- they have determined that a bill that would create more than one hundred new agencies, boards, and commissions, and that would spend trillions of dollars, would not cut the cost of health insurance.

The Senate bill is a deliberate, systematic deception for the purpose of concealing the cost of a huge expansion of government -- and the forced dependence of citizens on politicians for another crucially important aspect of their daily lives. Senators need to hear from voters now that they must not vote for legislation that increases our medical costs while eliminating our rights and personal choices.

Richard E. Ralston is Executive Director of Americans for Free Choice in Medicine.
(Original link to "Twelve Ways to Increase the Cost of Health Insurance".)

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 Thursday, December 17, 2009
"Freedom To Contract" Article Now Available On Audio
By Paul Hsieh, MD @ 12:05 AM PermaLink

My print article from the Fall 2009 issue of The Objective Standard entitled "How the Freedom to Contract Protects Insurability" is now available on audio.

Audio files of selected TOS articles are available here.

The audio version of the article is also available as a downloadable MP3.

I'm deeply grateful to editor Craig Biddle for posting it!

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 Wednesday, December 16, 2009
Goodman on the Senate Bill
By Paul Hsieh, MD @ 12:05 AM PermaLink

John Goodman discusses several problems with the current incarnation of the Senate Bill.

Some of his points include:
1. Millions of jobs lost.
4. Very high marginal tax rates.
6. Fewer insurance choices.
10. Exacerbating the problems of cost, quality and access.
These economic problems are a predictable consequence of the fundamental problem with the Senate Bill -- namely it violates the rights of individuals and insurers to voluntarily contract for their mutual benefit.

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 Tuesday, December 15, 2009
Hsieh OpEd at PJM: "ObamaCare: Tightening the Noose Around Private Health Care"
By Paul Hsieh, MD @ 9:00 AM PermaLink

The December 15, 2009 PajamasMedia.com has just published my latest OpEd, "ObamaCare: Tightening the Noose Around Private Health Care".

My theme is that some little-discussed provisions of the health care bill will increasingly limit the freedom of patients to seek (and doctors to deliver) medical services based on the patient's best interest. Instead, doctors will be increasingly forced to practice according to collectivist "cost-effectiveness" government criteria.

Here is the introduction:
The U.S. Senate is making increasingly Byzantine backroom deals in an attempt to pass some form of universal health care by the end of the year. But even though the final bill isn't settled yet, one fact is becoming increasingly clear. Any plan they pass will result in the government seizing an unprecedented degree of control over previously private health spending decisions.

Two of these proposed new controls are worth highlighting, because they are not often discussed in most mainstream media reports...
(Read the full text of "ObamaCare: Tightening the Noose Around Private Health Care".)

Note: This is an expanded version of my earlier blog post, "Tightening The Noose Around Private Medicine".

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 Saturday, December 12, 2009
Schwartz: Why To Condemn Insurance Companies
By Paul Hsieh, MD @ 1:05 AM PermaLink

In the December 5, 2009 Boulder Daily Camera, Brian Schwartz explains why we should or should not condemn insurance companies:
Why to condemn insurance companies

Is the for-profit insurance industry a "predator" that "prevent[s] us from having a decent health care system"? Letter writer Bruce Robinson says so (Daily Camera, December 1). He's partially right. The real predators are politicians who inhibit needed health policy reform. But insurers are guilty for concealing how they benefit from Congress's predatory practices, which shield them from competition and accountability to patients.

Predators gain value by using force or threats of force. Politicians prey upon patients who prefer to finance their own medical care in "politically incorrect" ways. As a result, insurers need not compete for your business. Politicians punch you with a tax penalty for buying insurance directly from an insurer instead of through your employer. They prohibit you from buying affordable policies available in other states. They tax you more for paying cash for routine medical expenses rather than buying an expensive health plan with tax-deductible premiums.

Like a true predator, politicians support legislation that backs you into a corner -- where as the patient, you are the consumer but not the customer. Hence, neither insurers nor doctors aim to please you. They cater to who pays them. Employers pay the insurers and insurers pay the doctors.

So don't condemn for-profit insurance. The profits are "anemic," reports the AP. Condemn insurers for supporting an un-free market, where profit is disconnected from pleasing consumers. Only in a free market insurers' profits would depend on satisfying you, the patient, rather than satisfying employers and politicians.
(The original is here, and a version with HTML hot links can be found on the PatientPowerNow.org website.)

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 Friday, December 11, 2009
Tightening The Noose Around Private Medicine
By Paul Hsieh, MD @ 12:05 AM PermaLink

As many know, the U.S. Preventive Services Task Force (a government task force) made headlines recently when it recommended new restrictions on screening mammography for women.

There are two critical dangers these sorts of government guidelines pose for private insurance plans if ObamaCare becomes law.

First, plans may be required to include certain types of preventive care as covered services, whether or not patients want them. Such benefits mandates would raise prices and violate the rights of patients and insurers to freely contract for lower-priced plans without such mandates.

In the December 2, 2009 Baltimore Health Examiner, Dr. Delia Chiaramonte notes that it will do exactly that. From her article, "What the healthcare reform bill says about preventive care":
The section on preventive care has a hidden limitation that is likely to escape the notice of non-physician Senate reviewers. It states "A group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide coverage for and shall not impose any cost sharing requirements for evidence-based items or services that have in effect a rating of 'A' or 'B' in the current recommendations of the United States Preventive Services Task Force."

That is, health insurers must pay for preventive services that the U.S. Preventive Services Task Force (USPSTF) recommends.
(Emphasis in the original.)

Second, government rules may make it more difficult for patients to receive preventative care that diverges from government guidelines.

Sue Blevins of the Institute for Health Freedom notes in her December 2009 article, "Health-Reform Bills: Would Restrictions on Cost-Sharing for Preventive Services Outlaw Private Payment?":
Regardless of whether you agree or disagree with the U.S. Preventive Services Task Force's recommended changes for mammograms, its recent proposal raises important questions for all Americans: Do you want government panels making preventive health-care decisions for you? And do you want government to outlaw private payment for preventive care? Government could end up with both powers under the health-reform bills being considered.

...[I]t appears the House version could prevent Americans from paying privately for covered preventive care. That's because H.R. 3962 states that there shall be no cost-sharing for covered preventive services. (The Senate bill includes a similar provision.) The definition of cost-sharing appears to include out-of-pocket spending. Thus without further clarification, this provision could be interpreted to prevent anyone from paying out of pocket for covered preventive care.

If this were to become law, what would happen if a physician doesn't accept insurance payments? Would he or she be legally free to bill patients directly for covered preventive services? And would patients be legally free to pay out of pocket? If the answer to both of these questions is no, then physicians who currently do not accept insurance will either have to begin doing so or stop offering preventive services.

It appears the following provisions in the House bill would infringe on both patients' and physicians' freedom to contract privately for preventive health-care services...
(Emphasis in the original.)

In other words, under ObamaCare you will be forced to pay for certain kinds of preventative care whether you want it or not. And you may not be able to pay for other kinds of medical care outside of government-set guidelines, even if you want to!

Note that the latter problem is already a serious issue in other countries with "universal health care". Canada and the UK typically forbid patients from paying out-of-pocket for many medical services on the private market on the grounds that it would permit a "two-tiered" system of care. The way they avoid having a two-tiered system (one good and one bad) is to force everyone into a single-tiered bad system.

Let's hope this doesn't happen in the US.

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 Sunday, November 29, 2009
Schwartz LTE On Public Option
By Paul Hsieh, MD @ 4:01 PM PermaLink

Brian Schwartz just alerted me to an LTE of his which had been published in the October 30, 2009 Denver Post.

The topic was the so-called "public option":
Health care reform and the public option

Say your neighborhood deli rigged its scales so that customers who paid for a pound of meat left the store with less. Does such fraud justify a government-run "public option" for delicatessens?

Surely not, but this is how Colorado AFL-CIO Director Mike Cerbo argues for a new government-run insurance plan. Cerbo says it should "impermissible" for insurers to "drop coverage due to pre-existing medical conditions" -- presumably when patients had been honest about medical histories.

This is called "post-claim underwriting," and it violates the insurer's contract with the policy-holder. But this is no justification of a "public option." Rather, if it happens frequently and without penalty, it shows that government has been lax in one of its legitimate duties: enforcing contracts.

Brian T. Schwartz, Boulder

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 Wednesday, November 25, 2009
Sticking It To The Young People
By Paul Hsieh, MD @ 12:05 AM PermaLink

The November 23, 2009 Washington Post carries a column by Robert Samuelson explaining why the AARP (the major lobbying group for Americans over 50) are so in favor of health care "reform" -- because it allows them to stick young people with the bill.

Here is an excerpt from "Health 'reform' that burdens our young":
...Now comes the House-passed health-care "reform" bill that, amazingly, would extract more subsidies from the young. It mandates that health insurance premiums for older Americans be no more than twice the level of that for younger Americans. That's much less than the actual health spending gap between young and old. Spending for those age 60 to 64 is four to five times greater than those 18 to 24. So, the young would overpay for insurance that -- under the House bill -- people must buy: Twenty- and thirtysomethings would subsidize premiums for fifty-and sixtysomethings.

...Not surprisingly, the 40-million-member AARP, the major lobby for Americans over 50, was a big force behind this provision. AARP's cynicism is breathtaking. On one hand, it sponsors a high-minded campaign called "Divided We Fail" and runs sentimental TV ads featuring children pleading for a better tomorrow. "Join us in championing your future and the future of every generation," ended one ad.

...AARP justifies the cost-shifting as preventing age discrimination. Premiums based on age should be no more acceptable than premiums based on medical expenses reflecting race, gender or preexisting health conditions, it says. The House legislation bans those, so it should also ban age-based rates. AARP dislikes even the 2-to-1 limit. It thinks premiums for someone 22 and someone 62 should be identical. (In insurance jargon, that would be full "community rating.")

This is unconvincing. All insurance aims to protect against risk -- but within groups facing similar risks. Put differently, most insurance is risk-adjusted. Auto insurance premiums vary by age; younger drivers pay higher rates because they have more accidents. Homeowners' policies for similar houses cost more in high-crime areas. This is not "discrimination"; it's a reflection of risk and cost differences. Insurers that ignored these differences would soon vanish because they'd suffer heavy losses and lose customers.
(Read the full text of "Health 'reform' that burdens our young".)

Young, healthy adults will be the most unjustly affected by this proposed legislation. These patients consume the fewest medical resources and therefore most heavily subsidize the costs of the older, more-frequently-ill patients.

ObamaCare would rob them of money they could use for their own goals, such as saving to buy a first house or to start a business or a family. In essence, it would force them to sacrifice their lives and futures for the sake of the collective.

(For more on the fallacy behind the "anti-discrimination" argument, see "In defense of health insurance discrimination" by Don Watkins of the Ayn Rand Center.)

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 Sunday, November 22, 2009
Hsieh Cited in Heartland Article on Insurance
By Paul Hsieh, MD @ 12:05 AM PermaLink

The November 3, 2009 article by the Heartland Institute, "Baucus Health Care Legislation Advances" contained a brief quote by me.

The topic was the PricewaterhouseCoopers (PWC) report for the health insurance industry which stated that the Baucus plan would result in higher prices and less flexibility for the insured.

The quoted section includes:
..."The PWC report correctly notes that the Baucus bill would impose tremendous financial hardships on many middle-class Americans by forcing them to purchase expensive state-mandated insurance on terms set by the politicians," said Paul M. Hsieh, M.D., cofounder of Freedom and Individual Rights in Medicine in Denver, Colorado.

...Hsieh believes insurers ultimately will regret not fighting the reform package by arguing for market freedom.

"Earlier this spring the insurance industry could have taken a principled stand in favor of genuine free-market reforms, such as repealing laws banning sales across state lines as well as laws mandating guaranteed issue and community rating," Hsieh said.

"Such reforms could have greatly reduced insurance costs for millions of Americans currently priced out of the market," Hsieh continued. "Instead, they chose to make a deal with the devil and accept new regulations requiring them to cover everyone regardless of preexisting conditions, in exchange for a Massachusetts-like individual mandate."
(Read the full text of "Baucus Health Care Legislation Advances".)

I'm grateful to the Heartland Institute for allowing me to appear again in its newsletter.

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 Friday, November 20, 2009
Howard: The Medicaid Monster
By Paul Hsieh, MD @ 12:05 AM PermaLink

In a recent issue of City Journal, Paul Howard describes how a combination of perverse funding formulas, political corruption, regulations on private insurance, and entitlement mentality have driven up New York state's Medicaid costs.

In particular, he describes some of the controls placed on the private insurance market:
Why is private health insurance so expensive? Blame Albany. First, state lawmakers have mandated that all health plans cover a host of procedures and "alternative-medicine" services, far more than companies in most states offer. Even the most stripped-down plan must include coverage of off-label drugs, surgical second opinions, and midwife and podiatrist services. Each mandated benefit makes the policy more expensive. Two state insurance regulations -- "guaranteed issue," which forces insurers to sell to any applicant, and "community rating," which requires them to offer the same price to everyone, regardless of age and health -- inflate prices further. Finally, the state has added billions of dollars in taxes and fees to private insurance policies, making them even pricier.

The perverse result: the young, healthy, and self-employed -- facing higher premiums for insurance that they seldom use, and realizing that they can always wait until they become ill to buy insurance -- tend to drop their coverage. (If New York regulated home insurance like this, you could buy a policy after your house had caught fire.) What's left is an insurance pool of older, sicker people, which drives private premiums higher still. Worse, the large number of uninsured people -- a consequence of Albany's bad policies—then becomes a justification for expanding the Medicaid rolls.
(Read the full text of "The Medicaid Monster".)

Despite the fact that such bad laws have driven up the price of insurance in New York (and in other states such as Massachusetts and New Jersey), these laws are being proposed at national level.

That's a recipe for disaster.

(Note: I agree with some but not all of his proposed reforms. In my opinion, he moves partially in the direction of free market reforms, but could go further.)

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 Wednesday, November 11, 2009
Schwartz: HB3962, Insurance, and Preexisting Conditions
By Paul Hsieh, MD @ 12:05 AM PermaLink

The November 8, 2008 Boulder Daily Camera published Brian Schwartz's opposition to requiring insurers to cover pre-existing conditions.

His comments are the third on the page:
HB3962, Insurance, and Preexisting Conditions

Should government force you to pay more for medical insurance so others can pay less? Dr. Laura Rosenthal thinks so, calling it "compassion and kindness." It's more like charity at gunpoint.

In a recent Camera article, Rosenthal advocated making it "illegal for health insurance companies to discriminate on the basis of pre-existing conditions." That is, insurers must sell policies to everyone at the same price.

These mandates have dire consequences, including more people without insurance. "Individual insurance markets deteriorated," concludes a Milliman actuarial study. "Insurance companies chose to stop selling individual insurance," "premium rates tended to increase, sometimes dramatically."

This legislation encourages insurers to design products that sick people don't want, as insurers lose money by insuring the sick because it's illegal to charge higher premiums. Such policies lack features higher-risk customers want, like comprehensive coverage and minimal bureaucratic obstacles to doctor-recommended treatments.

These political controls cause a "death spiral:" premiums increase, so the healthiest stop buying insurance, the remaining risk pool is less healthy, and premiums rise again. Repeat. To prevent this, politicians want mandatory insurance, which Massachusetts imposed in 2006. Since then Massachusetts insurance premium costs have skyrocketed, affordable policies become illegal, and patients have poor access to care.

Preexisting conditions are a problem because the tax code favors non-portable employer-based insurance. This prevents people from buying guaranteed renewable policies before contracting a chronic condition. A free-market in insurance would also offer innovative products such as health status insurance, which would pay for premium increases should you get sick.
(A version with hyperlinks is available on Brian's website.)

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 Friday, November 6, 2009
Schwartz PJM OpEd: "Expect Less, Pay More"
By Paul Hsieh, MD @ 12:05 AM PermaLink

PajamasMedia has published Brian Schwartz's latest OpEd, "Bizarro Health Care 'Reform': Expect Less, Pay More".

Here's the introduction:
Expect less, pay more. It's not the slogan for some "Bizarro World" Target store in a comic book; it's an accurate slogan for congressional Democrats' health care "reform" proposals. They include a new government-run insurance plan, mandatory insurance, new political controls on insurance, and new taxes.
(Read the full text.)

Brian also blogs on health care policy for the Independence Institute at PatientPowerNow.org.

His discussion of how a free market in health care could work can be found at: "Real reform: free markets".

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 Friday, October 30, 2009
The Economic Consequences of BaucusCare
By Paul Hsieh, MD @ 12:05 AM PermaLink

John Goodman explains the economic havoc that the Baucus health care bill (or any variant) will wreak in his post, "The Baucus Bill Explained".

The consequences include:
1. Millions of jobs lost
2. A shift to independent contracting
3. Major industrial restructuring
4. Emergence of niche markets
5. Growth of the underground economy
6. Higher insurance premiums
7. Fewer insurance choices
8. Higher than anticipated taxpayer costs
9. New unfunded liabilities
10. Exacerbating the problems of cost, quality and access
His conclusion:
Not only will "reform" not solve any of the problems it is supposed to solve, it will almost certainly undermine the ability of entrepreneurs in the private sector to solve them.
(Read the full text of "The Baucus Bill Explained".)

This is an entirely predictable consequence of the government taking control over 1/6-th of the US economy.

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 Thursday, October 29, 2009
Watkins: In Defense of Health Insurance Discrimination
By Paul Hsieh, MD @ 12:05 AM PermaLink

Don Watkins of the Ayn Rand Center for Individual Rights has written a nice blog post explaining why insurance companies should be able to charge different rates for different customers (or decline to cover some people at all).

Here's an excerpt from his post, "In defense of health insurance discrimination":
Forcing insurance companies to take all comers, and to charge all customers similar fees can accomplish only one thing: to force some health insurance customers (primarily the young and healthy) to subsidize other health insurance customers (the elderly and the sick). That's not insurance -- that’s welfare.

The overall effect of eliminating health insurance discrimination is to drive up the costs of health insurance. As the Wall Street Journal points out, states that currently prevent insurance discrimination through community rating and guaranteed issue rules have the most expensive individual insurance markets in the country. "In 2007, the average annual premium in New Jersey was $5,326 for singles and in New York $12,254 for a family, versus the national average of $2,613 and $5,799, respectively."

...If we can painlessly ban health insurance discrimination, then why don't we end all discrimination for all forms of insurance? Why should we have to buy car insurance before we get in an accident? Why should Geico be able to drop Robert Downey, Jr. after his fifteenth DUI? Why should a three-pack-a-day smoker have to pay more for life insurance than Michael Phelps?

Insurance is inherently discriminatory. An insurance company cannot function without assessing risk, charging greater fees for greater risks, and refusing to provide "insurance" to those for whom the outcome in question is certain. It is by carefully assessing risk and discriminating accordingly that insurance companies enable us to protect ourselves against some of life's unknowns. That is a crucial benefit, and those who provide it should not be smeared, but thanked.
(Read the full text of "In defense of health insurance discrimination".)

For more on this topic, see my Objective Standard article, "How the Freedom to Contract Protects Insurability".

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 Thursday, October 22, 2009
To Cut Your Health Insurance Costs, Move
By Paul Hsieh, MD @ 12:05 AM PermaLink

How much do state-level insurance regulations raise the costs? As Steve Malanga notes, a lot. Here are a few excerpts from, "To Cut Your Health Insurance Costs, Move":
...[T]he trade group for the nation's insurers, America's Health Insurance Plans, estimated that the average premium for family coverage in the individual market nationally was $5,800. But the study found wide disparities in costs, ranging from average premiums north of $12,000 in New York and Massachusetts to premiums costing on average only $3,000 to $5,000 in more than a dozen states. Some states have even allowed insurers to introduce low-cost, high-deductible policies that can cost under $1,000 a year.

It's fair to say that the costs imposed by some states based on how they regulate health insurance are now a bigger burden on individuals and small and mid-sized firms than state and local taxes.

...There's no evidence that states garner any benefit from such regulation and mandates. States with numerous mandates don't have healthier populations, for instance. Indeed, many state mandates are enacted for political reasons that have little to do with health care outcomes. Several years ago New York's then-Governor Pataki signed into law the state's hefty in vitro fertilization mandate as a payoff to conservative religious groups whose members favor big families and lobbied heavily for the law. It's a rather classic example of how, when you vest such power in lawmakers, some will eventually abuse it.
(Read the full text of "To Cut Your Health Insurance Costs, Move".)

These increased costs are a result of the government usurping the individual's right to spend his own money for his own benefit according to his best judgment.

Extending these onerous regulations to the national level (as the President and Congress propose) will only make the problem worse, not better.

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 Tuesday, October 20, 2009
Hillman: Kiss Your Money And Freedom Goodbye
By Paul Hsieh, MD @ 12:05 AM PermaLink

Former Colorado state senator Mark Hillman discusses the fundamental problem with mandated insurance in his latest analysis, "Kiss your money and your freedom goodbye".

Here's an excerpt:
From a practical standpoint, the requirement to purchase health insurance will start badly and grow even worse. That's because the choice of what kind of insurance to purchase will no longer belong to consumers but to politicians and bureaucrats, relentlessly pressured by lobbyists to add to every conceivable screening or procedure in the nanny-state's wish list to your mandatory policy.

Politicians who resist that pressure and defend your right to choose your own level of coverage will be smeared at election time by dishonest advertisements accusing them of opposing mammograms and maternity care.

Requiring health insurance to pay for preventive screenings is like mandating that auto insurance must pay for oil changes and new tires. Only in health care do we forget that insurance was designed to pay for unforeseen catastrophes, not for predictable events for which we should plan and budget.

...If Congress can order us to use our own money to buy goods or services that we might not otherwise purchase, what's to stop it from ordering us to drive hybrid vehicles, install solar panels on our homes, or eat our vegetables?
(Read the full text of "Kiss your money and your freedom goodbye".)

Hillman is correct to highlight the dual threat to our pocketbooks and our freedoms. Both are violations of our individual rights, and must be opposed as such.

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 Friday, October 9, 2009
Which Insurer Denies the Most Claims?
By Paul Hsieh, MD @ 12:05 AM PermaLink

The answer may surprise you.

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 Thursday, October 8, 2009
Teresi: Free Market Best For Health Insurance Reform
By Paul Hsieh, MD @ 12:05 AM PermaLink

The October 7, 2009 Colorado Springs Gazette has published an excellent OpEd by Amanda Teresi entitled, "Return to free market best hope for health insurance reform".

Here's an excerpt:
...In a free market, insurers and consumers voluntarily make an agreement to mutual benefit. When politicians dictate what policies and services will be sold and to whom, those politicians undercut people's ability to reach insurance agreements that work best for them.

In a free market, companies that don't take care of their customers risk losing them to a competitor, creating an incentive to provide the best service at the best price. When there is no free market for health insurance, there is less competition, resulting in less need to out-bid competitors for our business.

A free market also depends on the reliability of contracts. Once a contract between an insurance company and an individual is made, breaking that contract should be punishable by law. This means that if an insured individual's coverage is dropped when they find a medical problem that was covered, they should be able to sue the company for breach of contract.

It is true that many people today with pre-existing conditions have trouble finding affordable coverage. But politicians, not a free market, created the problem.

Currently, employer-based insurance makes it difficult for those with pre-existing conditions to stay on the same insurance because it is not portable. Current tax law that favors employer-sponsored insurance over directly purchased plans makes it more likely individuals will be tied to their employer for insurance.

Insurance is meant to hedge against unforeseen, catastrophic events or illnesses, as opposed to covering every doctor visit. If it were, protection against major health problems or accidents would be possible for a majority of individuals and pre-existing conditions would be much less of a worry for those who need coverage...
(Read the full text of "Return to free market best hope for health insurance reform".)

Thank you, Amanda, for making these excellent points!

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 Wednesday, September 30, 2009
Pipes On BaucusCare
By Paul Hsieh, MD @ 12:05 AM PermaLink

The September 25, 2009 SF Examiner published the following OpEd by Sally Pipes, "Baucus' unhealthy plan will not reform anything".

She makes several good points. Here's one (of many):
...According to proponents, this "individual mandate" will increase the size of insurance risk pools and bring down premiums. Young and healthy people who might normally go without insurance will be forced to buy into the system and, in effect, subsidize the old and sick.

Of course, this line of reasoning ignores the fact that many Americans are uninsured not because they want to be but because they can't afford insurance. Nationwide, the average annual premium for family health coverage is $12,300. That figure is expected to double over the next decade.

Forcing millions to purchase budget-busting insurance policies or face hefty fines will push family bank accounts to the brink and make economic recovery even harder.

The Baucus plan attempts to address these affordability concerns by allocating billions in subsidies to people with incomes up to four times the poverty level, or $88,000 for a family of four. But with health insurance costs rising at astronomical rates, taxpayers will no doubt have to shell out ever-increasing amounts each year so that the subsidies can keep pace.
(Read the full text of "Baucus' unhealthy plan will not reform anything".)

The proposed new "reforms" are just more of the same government interference that created the problem in the first place.

That's like throwing a drowning man an anchor, rather than a life-preserver.

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 Tuesday, September 29, 2009
States Fighting Back Against Mandatory Insurance
By Paul Hsieh, MD @ 10:30 AM PermaLink

The September 28, 2009 New York Times reported on a growing movement in some state legislatures to oppose a key provision in the proposed Obama/Baucus health care plan, namely mandatory insurance.

Here's an excerpt from, "In Some States, a Push to Ban Mandate on Insurance":
In more than a dozen statehouses across the country, a small but growing group of lawmakers is pressing for state constitutional amendments that would outlaw a crucial element of the health care plans under discussion in Washington: the requirement that nearly everyone buy insurance or pay a penalty.

...[T]the measures could create legal collisions that would be both expensive and cause delays to health care changes, and could be a rallying point for opponents in the increasingly tense debate.
I'm not a lawyer, so I don't know how successful these challenges will be.

But if it helps focus public attention on the underlying issue of whether the government should be able to force individuals to purchase any product (such as insurance) as a requirement for residing in this country, then I hope it spurs some debate.

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Gorman: Lack of Insurance and Statistical Trickery
By Paul Hsieh, MD @ 12:05 AM PermaLink

Independence Institute health care analyst Linda Gorman debunks the myth the Americans are dying due to lack of insurance. Here's an excerpt from her post, "Death by lack of insurance: statistical trickery":
If past cycles are any indicator, we are about due for another round of studies showing that being uninsured kills. Headlines will abound, commentators will wring their hands, and anyone who opposes ObamaCare will be portrayed as an insensitive killer.

The good news is that the majority of the supposed deaths due to a lack of health insurance are statistical artifacts. Unlike deaths from government health care, which has been extensively documented to cause harm to the seriously ill, the elderly, and the newborn, the deaths due to a lack of health insurance are usually conjured out of data sets using a variety of statistical tricks...
(Read the full text of "Death by lack of insurance: statistical trickery".)

Gorman makes an important point. Too many politicians equate "coverage" (i.e., insurance) with actual medical care. But as we've seen in states like Massachusetts and Hawaii, policies that attempt to provide universal "coverage" typically decrease patients' ability to get medical care.

The mandatory insurance proposed by the President and Congress is at least partially based on the fallacy that "coverage = care". Hence, it's crucially important that analysts like Gorman are speaking out to challenge that fallacy.

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 Monday, September 28, 2009
Health 'Reform' Is Income Redistribution
By Paul Hsieh, MD @ 12:10 AM PermaLink

The September 29, 2009 Wall Street Journal carries an OpEd by Michael Leavitt, Al Hubbard and Keith Hennessey which observes that "Health 'Reform' Is Income Redistribution".

Here's an excerpt:
...President Obama proposes to require insurers to sell policies to everyone no matter what their health status. By itself this requirement, called "guaranteed issue," would just mean that insurers would charge predictably sick people the extremely high insurance premiums that reflect their future expected costs. But if Congress adds another requirement, called "community rating," insurers' ability to charge higher premiums for higher risks will be sharply limited.

Thus a healthy 25-year-old and a 55-year-old with cancer would pay nearly the same premium for a health policy. Mr. Obama and his allies emphasize the benefits for the 55-year old. But the 25-year-old, who may also have a lower income, would pay significantly more than needed to cover his expected costs.

...But the combination of a guaranteed issue, community rating and an individual mandate means that younger, healthier, lower-income earners would be forced to subsidize older, sicker, higher-income earners. And because these subsidies are buried within health-insurance premiums, the massive income redistribution is hidden from public view and not debated.
(Read the full text of "Health 'Reform' Is Income Redistribution".)

Basically, the Obama-Baucus system of mandatory insurance forces the young and healthy to subsidize the old and ill, using the nominally private insurance system to conceal the fact that it's a new welfare program.

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 Saturday, September 26, 2009
Turner and Armstrong On Insurance
By Paul Hsieh, MD @ 1:05 AM PermaLink

Two quick links highlighting aspects of the mandatory insurance debate.

In the September 25, 2009 DC Examiner, Grace-Marie Turner warns that "Compulsory insurance has consequences".

As a positive alternative to proposed new government controls, Ari Armstrong describes "My Ideal Health Insurance Policy".

Read them both!

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 Friday, September 25, 2009
Dr. Kelley's Prescription
By Paul Hsieh, MD @ 10:15 AM PermaLink

In the September 25, 2009 Denver Post, Dr. Richard Kelley offers some good ideas for genuine free-market health care reforms.

His piece is entitled "Let's Be Reasonable", and includes the following:
1. Individual Choice and Free Market Competition
2. Tax and Geographic Equity
3. Personal Responsibility
4. Tort Reform
Most of his ideas involve repealing the bad laws that created the problem in the first place, such as the unfair tax exemption for employer-provided health insurance, as well as various insurance mandates and regulations restricting the freedom of contract between customers and insurers.

His ideas should be part of the debate!

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 Thursday, September 24, 2009
Bad Goals, Bad Solutions
By Paul Hsieh, MD @ 12:15 AM PermaLink

Jared Rhoads of the Lucidicus Project cuts through the double-speak of the Obama Administration's proposed health care goals.

His essay, "Bad Goals, Bad Solutions" discusses the following goals, including the best possible free market interpretation and the actual big-government meaning:
1) "Bring down skyrocketing costs"
2) "Cover all Americans"
3) "Modernize our system"
4) "Ensure that people aren't overcharged for prescription drugs"
5) "Ensure that people aren't discriminated against for pre-existing conditions"
6) "Eliminate fraud, waste, and abuse in government programs"
Read the full text of "Bad Goals, Bad Solutions".

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 Monday, September 21, 2009
Armstrong: Republican Plans Similar To ObamaCare
By Paul Hsieh, MD @ 12:10 AM PermaLink

The September 18, 2009 Colorado Springs Gazette has published Ari Armstrong's latest OpEd, "Republican plans for health care reform similar to Obamacare".

Here's the introduction:
Democrats pretend that Republicans are just a bunch of obstructionists when it comes to health proposals. Meanwhile, Republicans debate minor aspects of Barack Obama's plan such as whether it subsidizes illegal immigrants and abortions.

The reality is that every key element of Obama's plan either came from Republicans or arose with Republican support...
To the extent that Republicans are merely fighting over how much to "me-too" the Democrats, then they've already lost. And so will the country.

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 Friday, September 18, 2009
Goodman's Ten Steps To Statism
By Paul Hsieh, MD @ 1:05 AM PermaLink

John Goodman explains how requiring insurers to accept all customers for equal prices regardless of pre-existing conditions will lead to individual and employer mandates.

These are his ten steps to statism:
1. If we know we can buy health insurance after we get sick with no increase in premiums, none of us will want to pay premiums for insurance while we are healthy. Yet, if only the sick are paying premiums, the entire insurance system will collapse.

2. So to prevent collapse, there must be a requirement that people buy in when they are healthy.

3. Now if the requirement is a general mandate -- with lots of coverage options -- we are back to a variation of the problem in 1. People will choose scaled down, inexpensive insurance when they are healthy and then switch to comprehensive, expensive insurance after they get sick.

4. So to prevent a meltdown similar to the one described in 1, choices must be eliminated and there must be a standard (government-defined) benefit package which all individuals are required to buy and all insurers are required to sell. People won’t be allowed to buy anything less generous and no insurer would be foolish enough to offer anything more generous.

5. Now suppose there is a health insurance Exchange where people get their insurance, but insurance can also be sold outside the Exchange. In particular, imagine a special deal offered to the Iron Man's Club (requirement: swim a mile, run 10 miles and bicycle 20 miles). Soon, word would get out that anyone who can qualify for Iron Man membership can get the standard benefit package for a really cheap price. In this, and in other ways, insurers outside the Exchange would siphon away the healthiest people leaving the Exchange with the sickest, most costly enrollees.

6. So to prevent the death spiral the conditions in 5 would lead to, insurance outside the Exchange would have to be outlawed and insurance within the Exchange highly regulated. (See below.)

7. How can you force people to buy insurance? Since cattle prods are too impractical and prison cells are too expensive, about the only practical tool is a fine. And if you want it to work, the fine needs to be near (and maybe even above) the premium people have to pay.

8. Of course, there is this problem: How can we know whether anyone has insurance? The easiest way -- without a new bureaucracy -- is to rely on the income tax system. Make people show proof of insurance at the time they file their income taxes.

9. Trouble is: People file tax returns once a year and most people who are currently uninsured are uninsured for less than a year. So a logical way to get to people with greater regularity is to use the employers as an enforcement mechanism.

10. Once employers are involved, however, we run into the unfortunate fact that most people believe that premium payments are an addition to wages, not a substitute for them. So to the question, "should we mandate that you buy insurance or that your employer buy it for you," the employer tends to win hands down. Result: both an individual mandate and an employer mandate seem inevitable.

Notice the cyclical pattern in all of this. You distort incentives in a complex system and you get perverse behavior. To prevent that, you distort incentives some more and you get other kinds of perverse behavior. The more you intervene, the greater the need for even more intervention.
(Read his full post, "Obama's Dilemma: Ten Degrees of Separation".)

Goodman's final point echoes Ayn Rand's observation:
One of the methods used by statists to destroy capitalism consists in establishing controls that tie a given industry hand and foot, making it unable to solve its problems, then declaring that freedom has failed and stronger controls are necessary.

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 Thursday, September 17, 2009
Armstrongs On Pre-Existing Conditions
By Paul Hsieh, MD @ 12:05 AM PermaLink

The September 14, 2009 Grand Junction Free Press has published the latest OpEd by the father-and-son team of Linn and Ari Armstrong, "Restore free market to address preexisting conditions".

Here's an excerpt:
The fundamental issue is not profit versus nonprofit, but freedom versus force. The problem with insurance companies is not that they seek to make a profit, but that they must operate as de facto agents of political overseers who call the shots.

On a truly free market, in which insurers and their customers were free from today's political controls, people would tend to buy insurance directly, rather than get stuck with the few non-portable plans their employer chooses for them.

In a free market, insurers would be free to offer more plans to more people, and consumers would be free to shop around, regardless of state boundaries. Politicians would no longer coddle insurers with protectionist controls and tax favoritism.

In a free market, insurers would compete on the basis of quality, security, and transparency of contract. Today, because of political controls, insurance companies face little real competition, and they would face even less under Obama's policies.

In a free market, insurance companies would be able to offer long-term policies that today are politically impossible.
This is the argument that our politicians need to hear.

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 Monday, September 14, 2009
Richman On Preexisting Conditions
By Paul Hsieh, MD @ 11:05 AM PermaLink

The September 10, 2009 edition of the Christian Science Monitor carried this OpEd by Sheldon Richman, "Forcing insurance companies to cover preexisting conditions is immoral".

Here's an excerpt:
...Obama's plan to force insurance companies to cover people with preexisting conditions combined with his plan to force everyone to buy health insurance whether he or she wants it or not would impose an implicit tax on all policyholders in the form of insurance premiums that are higher than they would have been without the program. (Some would have opted out of insurance and paid nothing.) The rich would not be the only ones taxed, no matter what Obama says.

Implicit taxes are worse than open ones because people are unaware they are paying them. Therefore they would not know how much Obama's scheme truly costs. In a supposedly free and democratic society, that is just wrong. We should at least know how much government costs.

By relabeling welfare "insurance" and claiming that only the rich will pay for his plan, Obama misleads the American people when he talks about healthcare. This is strange coming from someone who insists on honesty from his opponents.
I'm glad to see this issue getting more coverage.

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