Tag Archives: health insurance

Understanding Why Employer Provided Health Insurance is at the Center of America’s Healthcare Mess

 

bulls-eye-1930498_1280

              And How to Get Rid of It!

 

In the course of debate concerning American healthcare policy, rarely is it suggested that the employer provision of health insurance is anything but a good thing, but is it really?

In 2016 49% of all Americans, according to Kaiser Family Foundation (based on census data) who were not receiving health benefits through government Medicare, Medicaid, military, or VA programs (another 35%), were insured through their employer. 9% had no insurance coverage. Only the remaining 7% had non-group individually owned policies. While employer sponsored insurance, or ESI, as it is commonly known, is thus heavily dominant apart from government programs, it’s popularity belies the unappreciated harm it causes, to the extent, it can be argued, it is at the center of America’s healthcare mess.

Fortunately there is a path to ending the toxicity of ESI, yet maintaining the employer connection that has evolved as a favored device to lure and retain employees, but first let’s consider why ESI is so harmful.  In doing so, it’s important to remember healthcare comprises not one but two distinct markets, one for insurance and another for medical services, both of which are corrupted by the presence of third party payers acting as agents for the buyer, and the first corruption sets up the next.

It’s also important to see employer provided insurance as an employment cost to the employer, and thereby part of an employee’s total compensation that could otherwise be paid in wages. When this is realized it can be seen that when an employer provides insurance what is really happening is the employee implicitly granting permission to the employer to spend a portion of their earnings on a financial product that may not be (and most often is not) in their best interest.

Now stop right there! Don’t people in the aggregate, allowing for those who often seem to do otherwise, always make choices in their best interest? So why aren’t they begging employers to end the provision health insurance if it’s so harmful and there’s a better alternative for them?

Often pointed as the culprit, is unequal tax treatment, where employees, on their own must use tax reduced dollars verses untaxed dollars if they have their employer provide health insurance for them. While this is a factor, in this author’s opinion there is more going on that would not restore rationality by simply equalizing the tax treatment, even as much as it would help.

Indeed employees think they are acting in their best interest when they really are acting in their perception of their best interest, which has been distorted by the separation from cost that happens with the employer provision. This has nothing to do with a rational assessment of tax implications or alternative provision of compensation by the employee but everything to do with an emotional “feeling” response to getting something as a benefit without knowledge of the true cost. Just ask and find out how many employees know how much their employer is spending on their behalf!

This has led to employees asking, even demanding, coverage of a wide array of medical services from the first dollar, never thinking they are willfully immersing themselves in paying for the incentivized overuse by others of what can normally be afforded otherwise. It’s not insurance, but a costly wasteful prepayment scheme. Yet they like it because they have been separated from what it costs, so remain ignorant of the implications. Again, ask a handful of employees the cost of medical treatment they’ve received, and if anything they may mention their copay! It’s allowed healthcare to become the only thing in our entire economy where almost every transaction involves, at least in part, the use of someone else’s money.

Often it’s pointed out that with car insurance we don’t expect things like oil changes, other routine maintenance, even larger mechanical repairs, to be included. Yet if car insurance had evolved to be employer provided chances are nearly certain we would!

Another seldom considered problem with ESI is individual suitability. Everyone’s financial situation is different, yet we’ve become accustomed to one size fits all cookie cutter approaches that few question when they think they’re getting something for nothing. More coverage is better when its cost is not a common consideration.

On the other hand, if employees were connected to the cost by buying individual insurance directly, they would quickly discover the fallacy, false comfort, and prohibitive expense associated with a cover everything approach. This would guide many to true insurance that only protects against unexpected high cost needs as they would become aware of the benefit of covering the small stuff directly out of pocket. Additionally they would free themselves to pursue job opportunities without the thought of losing or interrupting health insurance coverage.

At this point it’s not difficult to see how corruption of the market for health insurance by employer provision disconnecting the user from the cost then spills into the market for medical services. It’s not the user there either who is paying the bill, but a third party insurance company agent of the buyer who will never share the same self interest as the buyer directly. To the user, the cost is what they have to pay out of pocket, not the full charge, now inflated with considerable administrative costs added into the mix.

So how do we fix this mess? The answer is always to maximize direct payment in each of the two markets, insurance and medical services. Just as the corruption in the first leads to corruption in the second, direct payment in the first will lead to more direct payment in the second, as employees connected to the cost will quickly discover the problems inherent in the cover everything approach.

The good news is that a solution is at hand in the only bill introduced by the GOP in response to Obamacare that entirely makes sense. This is the HSA Expansion Act (HR247 & S28) introduced by Dave Brat in the House and Jeff Flake in the Senate. Unlike most legislation it does everything right.

Not only does it expand the contribution limits to HSAs, more importantly it allows HSA accounts separate of any insurance, thus allowing the purchase of insurance or medical services through an HSA as the single tax advantaged conduit. This opens the door to employers to maintain the incentive connection to employee health needs, while breaking the toxic provision of health insurance by shifting to a defined contribution model, where employers by direct or matching contributions to an employee’s HSA can become as common as to a 401k for their retirement needs. So long as states would follow by relaxing cumbersome regulations and mandates, employees could then decide what is right for their unique medical needs at costs truly subject to the discipline of the marketplace.

To this could be added an unique voluntary universal access approach that could replace both Medicare and Medicaid, maximizing direct payment, both actual and simulated, by a system of incentives, as previously discussed here and here, that, by trusting market forces over bureaucratic control, would have the power to strip out wasteful costs like nothing else I’m aware, as it supplants the growing Leftist desire for universal access by single government payer.

As many large employers with entrenched HR departments, are curiously wed to the provision of employee health insurance, one addition to the HSA Expansion Act that may get them to move toward defined contribution may be a provision to give employees the right to opt out of employer insurance with full transfer of the cost to their salary and/or HSA, as opposed to now, where declining employer offered insurance, say, to be instead on the policy of an employed spouse, results in little or no benefit to the declining employee.

Solutions are indeed at hand. We need only to identify and encourage elected officials to act on them, and the sooner the better!

Open Letter to PA Insurance Commissioner Michael F Consedine

Michael F Consedine
Commissioner
Pennsylvania Insurance Dept
 

In an October 31 article I questioned whether states could cross the line and offer non qualified health insurance policies along side those conforming to the Affordable Care Act.  I argued a prohibition of this amounts to an assault on freedom to enter into contracts, protected by Article 1, Section 10 of the United States Constitution, and Americans should not be strictly bound to accept only contract terms dictated by a strong central authority in Washington DC.  I noted a long-standing tradition of state regulation of insurance under McCarran-Ferguson 1945.

Only rarely prior to Obamacare had the federal government stuck its nose into insurance regulation, and as far as I know, that only involved health insurance, never any other form.  Insurance regulation was something understood to be handled by the states.

Then Obamacare stood everything on its head.  The federal government would now decide what proper health insurance must look like, that is until this past week when they realized they were in over their heads with an avalanche of policy cancellations and a failed exchange website, upon which they said, in effect, the states are once again good enough to take the reins, if only to bail us out for a while, attempting to shift the focus of public frustration somewhere else.  We broke it.  Now you can fix it.

Prior to realizing the magnitude of the crisis they created, the feds assured us their new policies were somehow better than those “inferior” policies being cancelled, providing more “coverage” that would cost less (after applying money taken from others).  In my mind this is just more lies on top of the big “you can keep your coverage and your doctor” lie.  Yet the biggest insurance lie may be the one we tell ourselves.

As Commissioner of a state insurance department, Mr. Consedine, you should understand the commonly held public misconceptions surrounding the purpose and use of insurance, the notion that somehow low or no deductible, low or no copay, cover everything policies are, in reality,  anything more than costly third party prepayment schemes that benefit no one more than the company that sold it.  Yes, I do mean those dressed up Yugos we call Cadillac plans, as the most extreme example.

You should know that the purpose of insurance is not “coverage” but limitation of risk, to protect assets and provide protection beyond the ability to afford otherwise, and that any attempt to “insure” the ordinary, everyday, or expected is a fool’s game that only insures the incentivized overuse of others will be in your premium.  Yet the warm and fuzzy feeling provided by the illusion of free or almost free when one gets theirs, blinds many people to the fact they are paying for everyone else’s overuse when not getting theirs. It truly is a costly false comfort based in feelings rather than facts.

Indeed, if there is blame for the insurance companies, it is their failure to disclose that what most people say they want is not in the best interest of the vast majority of those saying they want it.  This is the price of a nation poorly educated in personal finance and basic economics.  It is also the challenge of ever hoping to attain real reform.  Insurance companies will continue to maintain their silence as the low end false insurance part of their business is to them as slot machines are to casinos, providing a license to predictably print money thanks to huge numbers narrowing the range of possible outcomes.  Is not insurance, after all, a business based in statistics and probabilities?

Crazy talk?  Then check out Paul Hsieh’s op-ed, “The Only Obamacare Fix Is For Obama To Legalize Real Health Insurance”, published by Forbes this past Sunday.  It is essentially everything I’ve been trying to tell you.  Obamacare thus, rather than fixing anything, only takes a problem and makes it worse!  You should realize these facts, because, after all, you are a Commissioner of insurance.

What you may not realize is the developing movement by physicians to direct pay cash only practice models, such as AtlasMD, a pioneer three physician concierge practice in Wichita, Kansas that offers a family of four unlimited primary care for $120 per month, plus access to wholesale prices on medications and laboratory services.  With the overhead and hassle of third party payers removed, they limit their patient load and offer same or next day appointments that average half an hour and even provide home visits!  This can likely be the future, especially with the availability of low cost catastrophic “real” insurance to compliment it, so long as it can be found.

That’s where you come in, Mr. Consedine.  I know you’ve been complicit with Obamacare from the start, even favoring Pennsylvania’s setting up its own exchange.  Your attitude has been that it’s now the law and we must follow it.  I don’t agree because of the magnitude of the intrusion of Obamacare on our freedom, but respect your view.

Under that same law, though, it is perfectly legal to pay a tax and do absolutely nothing in protecting others from ourselves.  Can it make any sense then, that those same people willing to pay the tax and even forgo the subsidy, should not be able to do something significantly more than nothing in protecting their neighbors from having to pick up for them?  How can anyone argue against that?

As Insurance Commissioner along with our legislators, Pennsylvania should make a stand and tell the federal government that in our state, we will offer qualified policies as required, but also non qualified policies for those who prefer them.  How can doing nothing to protect others be legal but doing something more be illegal?  That makes no sense whatsoever.

Finally, if you don’t think you can make a stand for choice, freedom, truth, limited central government, and local control, then please resign so we can find someone who will.

Thank You

Todd Keefer

Note: This post shared to WatchdogWire-Pennsylvania

Can Obamacare’s “Barrycades” to Insurance Freedom be Crossed?

145_0247

Gettysburg Battlefield Aug 13 2013

Not so unlike the fences, signs and traffic cones used to unnecessarily block Americans from their open space national treasures during the recent Federal Government shutdown, similar “Barrycades” to healthcare and insurance freedom are limiting Americans’ ability to freely enter into contracts on terms they decide are right for them.  As the millions having their health insurance policies cancelled are learning, there is currently not an option to simply pay the tax, if necessary, and even forgo the subsidy for those willing, in order to keep a health insurance policy they may have owned for years.

While the freedom to contract, as provided in Article 1, Section 10 of the United States Constitution may seem clear to many, who likely consider it one of our foundational rights, it has endured a surprisingly rocky history in our courts, and as such, provides no guarantee of support against the impositions of the Affordable Care Act.  In America today, Obamacare is erecting barriers to contract freedom by attempting to restrict terms of health insurance policies to those dictated by powerful government bureaucrats, in total disregard of individual choice or basic considerations of sound personal finance.

Especially hard to understand is that a tax can be paid to legally remain completely uninsured, yet plans not deemed “qualified” are not supported as better than nothing (and in many cases completely adequate) in relieving others of ever having to pick up for those without the resources to fend for themselves.  Wasn’t that the stated goal all along?  Like so much of Obamacare, this makes no sense and can only be about elitist control, a step into socialism Americans used to think only happened elsewhere.

Also, with a growing healthcare freedom movement by doctors to eliminate third party payers entirely, from at least primary care, by the establishment of direct pay cash-only pay-per-use or concierge practice models, other options will be needed for those who choose this interesting, and so far, legal alternative.  The use of still available critical illness insurance, as a proxy for unavailable pure high deductible insurance that would make much more sense in these situations, has been suggested.  Dr. Merrill Matthews, of the Institute for Policy Innovation, in a recent article in Forbes, shows how being wrapped in a cloak of life insurance has allowed the critical illness insurance option to survive, and may be a good choice, if not ideal, for many.

As I wrote in a post last December, the curious Miscellaneous Provisions, Subtitle G, Section 1555 single paragraph in the Affordable Care Act clearly says that issuers of health insurance are not required to participate under the act, nor can fines or penalties be imposed for choosing to not participate.  When this is combined with the option for states to regulate insurance, as has been tradition under authority of the McCarran-Ferguson Act of 1945, questions arise as to what states may still be able to do.

Even under Obamacare currently, states may add to the essential minimum benefit requirements of insurance needed to “qualify”.  So states are still involved in their health insurance regulation, if only to a much reduced degree.  A question is how far that authority goes the other way.  Could a state right now, in answer to the current mess of cancellations along with a failed exchange website, exploit the crisis to require the suspension and reversal of all policy cancellations within its borders until the exchanges are fixed?  Could they allow and even require companies that want to sell health insurance in their state to offer the choice of non qualifying plans along side or in place of (Section 1555) Obamacare compliant plans, sold off the exchange, now and in the future?  Could states take charge of the situation to the point that, if Obamacare cannot be eliminated, there could remain legal alternative insurance options apart from Obamacare, even if the federal tax would be due and subsidies not available?

Senator Ron Johnson of Wisconsin has made an attempt to settle this question at the Federal level, at least for currently existing plans, with the introduction of what he calls the “If You Like Your Health Plan, You Can Keep it Act“.  Current political reality makes actual passage unlikely, of course, returning to the possibility that states could act on their own.

One of those I respect most in the Obamacare debate, Michael F Cannon, at Cato Institute, told me the Supremacy Clause would make my suggested state actions illegal, however one of the attorneys on a panel event I attended at Cato was less dismissive of my suggestion of what states could possibly do.  Adding further speculation is the answer I got from ehealthinsurance.com when I questioned them about a month ago.  Their first contact representative, told me they expect to see some states “go rogue” and attempt to offer non Obamacare compliant choices in the future.

As with the shutdown “Barrycades”, when free citizens defiantly crossed the lines and prevailed, will there arise states that tell the Federal Government they have gone too far and we the people have had enough?

Note: This post shared to WatchdogWire-Pennsylvania