[lbo-talk] PNHP blog: The History and Decline of The Public Option

Michael Pollak mpollak at panix.com
Tue Jul 21 09:52:13 PDT 2009


http://www.pnhp.org/blog/2009/07/20/bait-and-switch-how-the-%e2%80%9cpublic-option%e2%80%9d-was-sold/

[Numerous links in original]

[It's interesting how much emphasis in the following is placed on cutting payments to providers. That is normally glossed over by Single Payer advocates.]

Bait and switch: How the "public option" was sold

Posted by Andrew Coates, MD on Monday, Jul 20, 2009

by Kip Sullivan

<snip>

The bait

"Public option" refers to a proposal, as Timothy Noah put it, "dreamed

up" by Jacob Hacker when Hacker was still a graduate student working on

a degree in political science. In two papers, one published in 2001 and

the second in 2007, Hacker, now a professor of political science at

Berkeley, proposed that Congress create an enormous "Medicare-like"

program that would sell health insurance to the non-elderly in

competition with the 1,000 to 1,500 health insurance companies that

sell insurance today.

Hacker claimed the program, which he called "Medicare Plus" in 2001 and

"Health Care for America Plan" in 2007, would enjoy the advantages that

make Medicare so efficient - large size, low provider payment rates and

low overhead. (Medicare is the nation's largest health insurance

program, public or private. It pays doctors and hospitals about 20

percent less than the insurance industry does, and its administrative

costs account for only 2 percent of its expenditures compared with 20

percent for the insurance industry.)

Hacker predicted that his proposed public program would so closely

resemble Medicare that it would be able to set its premiums far below

those of other insurance companies and enroll at least half the

non-elderly population. These predictions were confirmed by the Lewin

Group, a very mainstream consulting firm. In its report on Hacker's

2001 paper, Lewin concluded Hacker's "Medicare Plus" program would

enroll 113 million people (46 percent of the non-elderly) and cut the

number of uninsured to 5 million. In its report on Hacker's 2007 paper,

Lewin concluded Hacker's "Health Care for America Plan" would enroll

129 million people (50 percent of the nonelderly population) and cut

the uninsured to 2 million.

<snip>

The switch

Now let's compare the "single national health insurance pool covering

nearly half the population" that Hacker and other "public option"

advocates enthusiastically championed with the "public option" proposed

by Democrats in Congress, and then let's inquire what Hacker and

company said about it.

As readers of this blog no doubt know, the Senate Health, Education,

Labor, and Pensions (HELP) Committee, and three House committee

chairman working jointly, published draft health care "reform" bills in

June. (The third committee with bill-writing authority, the Senate

Finance Committee, has yet to produce a bill.) According to the

Congressional Budget Office, the "public option" proposed in the House

"tri-committee" bill might insure 10 million people and would leave 16

to 17 million people uninsured. The "public option" proposed by the

Senate HELP committee, again according to the Congressional Budget

Office, is unlikely to insure anyone and would hence leave 33 to 34

million uninsured. The CBO said its estimate of 10 million for the

House bill was highly uncertain, which is not surprising given how

vaguely the House legislation describes the "public option."

Here is what the CBO had to say about the HELP committee bill:

The new draft also includes provisions regarding a "public plan,"

but those provisions did not have a substantial effect on the cost

or enrollment projections, largely because the public plan would pay

providers of health care at rates comparable to privately negotiated

rates - and thus was not projected to have premiums lower than those

charged by private insurance plans. (page 3)

<snip>

In public comments about the Democrats' "public option" provisions, the

leading lights of the "public option" movement imply that Hacker's

model is what Congress is debating. Sometimes they come right out and

praise the Democrats' version as "robust" and "strong." But I cannot

find a single example of a a statement by a "public option" advocate

warning the public of the vast difference between Hacker's original

elephantine, "Medicare-like" program and the Democrats' mouse version.

<snip>

Hacker's papers laid out these five criteria that he and the Lewin

Group said were critical to the success of the "public option":

o The PO had to be pre-populated with tens of millions of people, that

is, it had to begin like Medicare did representing a large pool of

people the day it commenced operations (Hacker proposed shifting all or

most uninsured people as well as Medicaid and SCHIP enrollees into his

public program);

o Subsidies to individuals to buy insurance would be substantial, and

only PO enrollees could get subsidies (people who chose to buy

insurance from insurance companies could not get subsidies);

o The PO and its subsidies had to be available to all nonelderly

Americans (not just the uninsured and employees of small employers);

o The PO had to be given authority to use Medicare's provider

reimbursement rates; and

o The insurance industry had to be required to offer the same minimum

level of benefits the PO had to offer.

Hacker predicted, and both of the Lewin Group reports concluded, that

if these specifications were met Hacker's plan would enjoy all three of

Medicare's advantages - it would be huge, it would have low overhead

costs, and it would pay providers less than the insurance industry did.

As a result, the "public option" would be able to set its premiums

below those of the insurance industry and seize nearly half the

non-elderly market from the insurance industry. According to the Lewin

Group's 2008 report, Hacker's version of the "public option" would, as

of 2007:

o Enroll 129 million enrollees (or 50 percent of the non-elderly);

o Have overhead costs equal to 3 percent of expenditures;

o Pay hospitals 26 percent less and doctors 17 percent less than the

insurance industry (but these discounts would be offset to some degree

by increases in payments to providers treating former Medicaid

enrollees); and,

o Set its premiums 23 below those of the average insurance company.

I question some of Hacker's and the Lewin Group's assumptions,

including their assumption that any public program that has to sell

health insurance in competition with insurance companies could keep its

overhead costs anywhere near those of Medicare [see next

section]....

<snip>

[But arguendo] let us compare Hacker's original model with the mousey

"public options" proposed by the Senate HELP Committee and the House.

Of Hacker's five criteria, only one is met by these bills! Both proposals

require the insurance industry to cover the same benefits the "public

option" must cover. None of the other four criteria are met. The

"public option" is not pre-populated, the subsidies to employers and to

individuals go to the "public option" and the insurance industry,

employees of large employers cannot buy insurance from the "public

option" in the first few years after the plan opens for business and

maybe never (that decision will be made by whoever is President around

2015), and the "public option" is not authorized to use Medicare's

provider payment rates. (The House bill comes the closest to

authorizing use of Medicare's rates; it authorizes Medicare's rates

plus 5 percent).

Is it any wonder the CBO concluded the Democrats' "public option" will

be a tiny little creature incapable of doing much of anything?

<snip>

Put yourself in the "public option" director's shoes

To see why the "public option" proposed by congressional Democrats

remains at great risk of stillbirth, let's engage in a frustrating

thought experiment. Let's imagine Congress has enacted the House

version... Let us imagine furthermore that you have been foolish enough to

apply for the job of executive director of the new "public option," and

the Secretary of the Department of Health and Human Services (the

federal agency within which the program will be housed) decided to hire

you. It's your first day on the job.

You know the House bill did not create a ready-made pool of enrollees

for you to work with the way the 1965 Medicare law created a ready-made

pool of seniors prior to the day Medicare commenced operations. You

realize, in other words, that you represent not a single soul, much

less tens of millions of enrollees. You will have to build a pool of

enrollees from scratch. You also know the House bill authorized some

start-up money for you, so you'll be able to hire some staff, including

sales people if you choose. You can also open offices around the

country, and advertise if you think it necessary. But you know you

can't pay out too much money getting the "public option" started

because the House bill requires that you pay back whatever start-up

costs you incur within ten years. In other words, you may hire enough

people and open enough offices and buy enough advertising to create a

critical mass of enrollees nationwide, but you must do it quickly so

that your start-up costs don't sink the "public option" during its

first decade.

The only other feature in the House bill that appears to give you any

advantage over the insurance industry is the provision requiring you to

use Medicare's rates plus 5 percent, which essentially means you are

authorized to pay providers 15 percent less than the insurance industry

pays on average. But the House bill also says providers are free to

refuse to participate in the plan you run.

So what do you do? Let's say you open offices in dozens or hundreds of

cities, you hire a sales force to fan out across the country to sign up

customers, you advertise on radio and TV to get potential customers

(employers and individuals) to call your new sales force to inquire

about the new "public option" insurance policy. What happens when

potential customers ask your salespeople two obvious questions: what

will the premium be and which doctors they can see? What do your

employees say? They can't say anything. They haven't talked to any

clinics or hospitals about participating at the

15-percent-below-industry-average payment rate, so they have no idea

which providers if any will agree to participate. They also have no

idea what the "public option" premium will be because they don't know

whether providers will accept the low rates the plan is authorized to

pay. And they have no idea about several other factors that will affect

the premiums, including how much overhead the "public option" will rack

up before it reaches a state of viability, or who the "public option"

will be insuring - healthy people, sick people, or people of average

health status.

So, let's say you redeploy your sales force. Now instead of talking to

potential customers, you direct them to focus on providers first. But

when your salespeople call on doctors and hospital administrators and

ask them if they'll agree to take enrollees at below-average payment

rates, providers ask how many people the "public option" will enroll in

their area. Providers explain to your salespeople that they are already

giving huge discounts, some as high as 30 to 40 percent off their

customary charge, to the largest insurers in their area and they are

not eager to do that for the "public option" unless the plan will have

such a large share of the market in their area that it will deliver

many patients to them. If the "public option" cannot do that, providers

tell your salespeople, they will not agree to accept below-average

payment rates.

In other words, you find that the "public option" is at the mercy of

the private insurance market, not the other way around.

This thought experiment illustrates for you the mind-numbing

chicken-and-egg problem created by any "public option" project that

does not meet Hacker's criteria, most notably, the criterion requiring

pre-population of the "public option." If the pre-population criterion

isn't met, the poor chump who has to create the "public option" is

essentially being asked to solve a problem that is as difficult as

describing the sound of one hand clapping. You need both hands to clap.

<snip>

What next?

<end excerpt>

Full at:

http://www.pnhp.org/blog/2009/07/20/bait-and-switch-how-the-%e2%80%9cpublic-option%e2%80%9d-was-sold/

Michael



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