As I mentioned in my last post, the people of Massachusetts sent a message to Washington about health insurance reform when they rejected Martha Coakley, a supporter of the Democrat plan, and elected Scott Brown, who fiercely opposes it. The White House has been in disarray about what the election meant, but now the president is calling for a televised meeting with Republicans on February 25 to hear their proposals about health care insurance reform.
There are plenty of reasons for thinking this meeting is nothing but an empty gesture. One almost can hear Admiral Ackbar from Star Wars shouting, “It’s a trap!” Still, the Republicans will attend. As strong as some of their ideas are, I recommend changing them up a bit by adding a new wrinkle: government super funds.
For example, one of the best ways to lower healthcare costs is to cap medical malpractice awards. This would lower physician overhead by decreasing medical malpractice insurance premiums. More importantly, it would eliminate the need for doctors to practice defensive medicine, ordering endless tests, just to make sure they are not sued later for missing something. However, the typical tort reform is a non-starter with Democrats, who are heavily backed by trial lawyers.
As a compromise, Republicans could suggest that medical malpractice awards could continue to have no limits, but the medical malpractice insurance providers would be on the hook only for, say, $5 million. The government would create a super fund from taxpayer revenues to pay medical malpractice awards in excess of $5 million.
This would lower the risk for medical malpractice insurance companies, thus lowering premiums and overhead for doctors. It also would take away some of the pressure to practice defensive medicine, lowering the overall cost of health care. I suspect judges and juries might think twice about ordering $50 to $100 million medical malpractice awards if they know the taxpayer is picking up the tab.
A medical malpractice award super fund also would be transparent: the funds in it could only be used for one purpose. This would lower administrative costs and let taxpayers know where their money is going.
A second compromise would be to create an “uninsurable American” super fund. As I have touched on before, one of the main rhetorical devices used by proponents of health insurance reform is to suggest that private health insurance companies make a “practice of denying coverage to people who are seriously ill.” The uninsurable American super fund would pay for treatment for those people.
Keep in mind, however, that the uninsurable and the uninsured are two different things. Many people have many reasons for not carrying health insurance. The Democratic proposal includes fines levied by the IRS and even the threat of imprisonment to force people to buy health insurance, but it incentivizes people to not get health insurance at all by guaranteeing coverage if they do get sick. Forcing insurance companies to cover people with serious preexisting conditions takes away one of the main motivators for health people to buy health insurance and at the same time destroys the actuarial foundation of private health insurance.
The number of people who are uninsurable is infinitesimal. The vast majority of people with preexisting conditions already are covered under group health insurance, which by law cannot deny or delay coverage to people with preexisting conditions. Many people with preexisting conditions are over 65 year old, but they are covered by Medicare and are not excluded because of preexisting conditions. People with low incomes who qualify for Medicaid also are covered regardless of preexisting conditions. The same goes for children of the poor or working poor, who are covered by programs such as S-CHIP or Healthy Families. Military personnel are also covered through the VA.
The only people whose health insurance coverage is delayed or denied are people with preexisting conditions (which are rare in the first place) who are not insured through a group plan offered by their employer, are not in the military, are not 65 or older, are not poor enough to qualify for Medicaid, and are not under 18 years old in a family that makes more than about $80,000 a year. How many of these people can there possibly be?
Even if there are a million such people (which I doubt) and they all needed an average of $50,000 in health care a year (which is insane), it still would only cost $50 billion, compared to the hundreds of billions the proposed overhaul would cost.
Republicans should pre-empt false charges that they do not care about the sick by offering to cover the truly uninsurable and those with malpractice claims above $5 million by setting aside funds for just those purposes. Creating health care insurance super funds would be humane while preserving the private health insurance system that functions so well for so many right now.
