Showing posts with label tort. Show all posts
Showing posts with label tort. Show all posts

Tuesday, July 3, 2012

Health care reform after Obamacare

The Supreme Court’s ruling that upheld Obamacare does not mean that the law’s days are not numbered. It is likely that Republicans will sweep this year’s elections and repeal the law before it goes into effect. If the law does go into effect, the Court’s decision that Congress cannot force the states to participate in the Medicare expansion contained in the law means that the complex law is even more unworkable. Gov. Nathan Deal told Georgia Health News that the state had not made a decision on whether to participate in the Medicare expansion. Without major reform, Obamacare will collapse under its own weight, wreaking havoc on the American health care system and the federal deficit as it does so.

The question is what comes after repeal. The status quo of the health industry is also untenable. Reform is badly needed, but it should focus on lowering health care costs through free markets and competition. Obamacare does nothing to lower costs. To the contrary, it increases them and then mandates that people buy the more expensive insurance.

Successful healthcare reform will have several aspects that Obamacare did not. First, successful reform will be bipartisan. The Affordable Care Act was one party’s vision of how the health insurance industry would work. It was crafted in secret behind closed doors and passed by a party line vote that required the procedural trick of using a budget reconciliation to avoid a Republican filibuster. Democrats did not seek Republican input and failed to win a single Republican vote in either house.

Second, successful health care reform must reduce the costs of health care and insurance. If insurance is made more affordable through market reforms, more people will want insurance. The Affordable Care Act essentially ignored competition and the marketplace in exchange for top-down mandates, price controls, and government collusion with the pharmaceutical industry. The result was an immediate increase in the price of health insurance. Many insurers also stopped writing unprofitable policies, resulting in shortages in some markets.

Finally, successful health care reform will simplify and streamline regulations for the industry. The Affordable Care Act, at 2,409 pages, was neither simple, streamlined, nor efficient. It included at least 18 new tax increases, $19 billion in spending through 2013, and created 159 new federal agencies and programs. The bill was so complex that Nancy Pelosi, at the time the Speaker of the House, famously said in a Fox News clip, “We have to pass the bill so that you can find out what is in it.”

Successful health care reform would re-introduce competition into the health care marketplace. There are several ways of doing this. One is to stop the favorable treatment of employer health plans. Currently, premiums for employer-provided health plans are not taxed, but, if a worker wants to buy an individual policy instead of the one at work, premiums are not tax-deductible unless their medical expenses exceed 7.5 percent of their Adjusted Gross Income. If premiums for all health insurance were deductible, it would provide an incentive for people to shop around for the insurance that best suits their own needs.

Another common theme in competition is encouraging states to allow their residents to buy and sell insurance across state lines. The effect here would be two-fold. First, it would provide a larger market for the state’s insurance companies. If the state’s companies offer quality insurance at competitive prices, their sales and profits should increase. Economies of scale would drive down prices.

Second, states that do not have competitive health insurance laws would see their business go to other states. Each state sets it own standards and regulations for health insurance. States that mandate more benefits typically have higher costs for insurance. By allowing interstate insurance sales, citizens of states where insurance is expensive could buy more basic policies in other states. If the insurance companies and state governments see a sufficient loss of sales in highly regulated states, it would encourage reforms to allow them to compete. Otherwise, the insurance companies would go out of business and the state would lose tax revenue.

A third idea is to open more low-cost clinics. In many cases, patients at a doctor’s office never see a doctor for a routine visit. Instead they are treated by a nurse practitioner. In recent years, pharmacies and retail stores such as Wal-mart and Target have opened small health clinics. These clinics are a boon to the working poor because they often do not require appointments, they provide a fast resolution for routine medical problems, and they are much less expensive than an emergency room or traditional doctor’s office. Additionally, these clinics often have extended hours and are open on weekends. For more complex problems, the clinics refer patients to local primary care physicians or hospitals. The Journal of the American Medical Association sees retail clinics as a way to deal with the current shortage of physicians and as a way for every American to have medical care within a few miles.

Partnerships with private companies provide a great resource for helping to lower health care costs that was totally ignored by the authors of the Affordable Care Act. The possibilities can be seen in Wal-mart’s $4 generic prescription plan. The plan, introduced in 2006, was quickly matched by other retail pharmacies. Today, customers of Publix can even get prescription antibiotics at no cost. The downward pressure on prescription prices started by Wal-mart arguably did more to help consumers than the federal government’s prescription drug entitlement and it was accomplished without government mandates and at no cost to taxpayers.

If the goal of health care reform is to cover as many Americans with health insurance as possible, then it is only logical that reform should reduce the price of health insurance as much as possible. Basic economic law states that as price decreases, demand for a product increases. As health insurance premiums go down, more people will buy policies.

One answer to the high price of health insurance is to allow and encourage companies to write no-frills major medical policies. Every time government mandates that health insurance offer a new benefit, the price goes up. Major medical policies don’t cover everything from mental health to Viagra, but they do protect people against the cost of a catastrophic illness. This is all many people want or need. Consumers should be able to choose high deductibles and be allowed to opt out of coverages like pregnancy, preventive medicine, and contraception in exchange for lower premiums. When regulators try to make a policy all things for all people, the result is expensive and prices many people out of the market.

Additionally, health care pricing should be made more transparent. Few people know how much a visit to the doctor’s office actually costs because most people with insurance pay only a predetermined copay, $20 for example. The only way to find out the actual cost of the visit is to look at insurance documents long after the visit. Such a system makes it impossible to compare prices of competing physicians and hospitals and encourages increased consumption. These factors drive up the cost of health care by limiting the exposure of consumers to the true costs.

Similarly, participants in government programs such as Medicaid and Medicare consume health care at prices that are below market rates according to the Washington Post. The deficit from these government price controls is then passed along to private consumers, further increasing health care costs for everyone else. True health care reform must take steps to control the costs of Medicare and Medicaid, while preserving these programs as safety nets for the truly needy. The Republican “Path to Prosperity” budget plan includes provisions to reform Medicare according to Kaiser Health.

One popular provision of the Affordable Care Act is the requirement that insurance companies cover people with pre-existing conditions at below-market rates. The problem is that the rule gives people an incentive to not purchase insurance until they are sick. A better solution to the problem of pre-existing conditions would be to create assigned risk pools at the state level.

In an assigned risk pool, states require insurance companies to accept otherwise uninsurable customers in proportion to the amount of business that they do in the state. Because these policies are high in risk to the insurance company, their premiums and deductibles are higher. This encourages people not to wait until they are sick to purchase insurance. Georgia has long had assigned risk pools for auto and home insurance. Such a proven concept would make sense for health insurance as well.

A final path to lowering health care costs is tort reform. Tort reform involves limiting the ability of patients to sue for medical malpractice. Malpractice lawsuits, sometimes with outrageously large punitive damage awards, have caused premiums for malpractice insurance policies to increase. This higher cost is then passed along to consumers by doctors and hospitals. Tort reform does not prohibit lawsuits or collecting legitimate damages, but it does discourage frivolous lawsuits and excessive punitive damage awards. Understandably, lawyers oppose tort reform and, because lawyers are a Democratic constituency, Obamacare did not address the issue.

Texas passed a tort reform law in 2003. My San Antonio says that before the reform one in four doctors was sued each year. Eighty-five percent of the suits never went to trial, but still cost an average of $50,000 to defend. Cases that went to trial cost $1.4 million each. These costs led to increased insurance costs for doctors and, ultimately, higher costs for consumers.

According to American Medical News, malpractice insurance premiums have decreased by 30 percent since the law was enacted. The state also saw medical license applications increase by 83 percent when compared with before the reform. A spokeswoman for Gov. Rick Perry said, “Comprehensive medical liability reform has improved access to medical care, particularly in underserved areas….”

Mississippi’s experience was similar. Tort reform was enacted there in 2004. In the following years, malpractice insurance rates fell sharply, lawsuits decreased by 90 percent, and doctors stopped fleeing the state according to a 2008 Wall Street Journal article cited on the blog Captain Kudzu.

There is no single answer for how best to reform the health care industry. Solutions should consider economic realities as well as the needs and desires of the American people. Instead of federal mandates, states should be encouraged to experiment with their own solutions. Obamacare, which became law over the overwhelming opposition of the people, does none of that and is destined to fail.

Read this article on Examiner.com:

http://www.examiner.com/article/health-care-reform-after-obamacare

Sunday, May 11, 2008

Tort Reform: The Mississippi Miracle

Tort reform has long been touted as a way to help reduce rising healthcare costs in the United States. Opponents belittle the effects of tort reform and claim that the right to bring almost unlimited lawsuits actually helps society by making products safer.

“Tort” is a legal term for a wrongful act that causes an injury to a person, their property, or their reputation. If a tort is committed, the injured person may be entitled to compensation. To obtain compensation, it is frequently necessary to file a lawsuit. The lawyers who represent plaintiffs in these lawsuits often work on a contingency basis, which means that they are paid a percentage of the money that the jury awards if they win the case.

Tort cases are a major source of income for personal injury lawyers. Consequently, the trial lawyers lobbying groups are major opponents of tort reform. Trial lawyers are second only to unions in providing contributions to the Democratic Party.

In 2004, the trial lawyers lost a major battle in Mississippi. Before 2004, Mississippi was a state known for frivolous lawsuits. Lawyers came from all around the country to file class action suits in Mississippi. Insurance companies were fleeing the state and those that remained were raising premiums or refusing to write policies. The US Chamber of Commerce rated Mississippi 50th in every judicial category. The state was referred to as “the jackpot justice capitol of America” and a “judicial hellhole.”

In 2004, Mississippi passed a tort reform package that resulted in a drastic change in the state’s legal landscape. After five years of political warfare, Mississippi’s legislature passed venue reform, which prevents lawyers from shopping for sympathetic courts, and limits on subjective and non-economic damages, such as pain and suffering. During the same period that tort reform was being passed, Mississippians also elected more judges that limited class action (multiple plaintiff) lawsuits and out-of-state plaintiffs.

The result was dramatic and rapid. Prior to the reform, medical malpractice rates had risen by 20-25%. Many doctors stopped practicing or moved out of state. Some areas were left without obstetricians within 100 miles. Since the reform, rates have not risen at all, and have even decreased by 30-45%. The number of medical malpractice suits has fallen by 90%.

Mississippi’s business-friendly climate has also attracted investment and jobs to the state. Approximately 60,000 new jobs have been created in the four years since the tort reform was passed compared to 30,000 jobs lost in four years before reform. Textron has invested $35 million and Kingsford Charcoal $20 million in the state. Winchester Ammunition returned to the state with a $3.5 million payroll. FedEx built a $1 billion dollar facility. Toyota even built a $1.2 billion, 200,000-worker plant. The Toyota plant is contingent on tort reform remaining the law of the land in Mississippi.

Overall, Mississippi is better off than before tort reform. Unemployment is down to 6% from a high of 9% prior to reform. In 2007, Mississippi’s per capita income growth was 6.7%. This places Mississippi third out of the fifty states.

Tort reform is a proven economic winner. Tragically, due to Democratic election victories in 2006, many states are repealing business-friendly laws and passing new laws, such as a patient bill of rights, that give people additional rights to sue. More lawsuits would have the effect of increasing costs to consumers and contributing to stagnant economic growth.

Tort reform is not about eliminating the right to sue. It is about eliminating outrageous damage awards and frivolous lawsuits. Tort reform does not prevent the recovery of legitimate damages, but it does prevent people from winning a legal lottery over a minor wrong. Tort reform prevents lawyers from looting a company of its hard-earned profits for a minor mistake or technicality.

The US legal system is estimated to cost each American family about $7,000 annually. One Mississippi CEO reported that his company saved $70,000 monthly on its legal bills after the passage of the reforms. Tort costs are spread through society by higher prices for consumer goods, higher insurance premiums, and more expensive health care. Tort reform in more states and at the federal level would save American families thousands of dollars and help to spur economic growth.

Sources:

http://www.opinionjournal.com/cc/?id=110007260
“Mississippi’s Tort Reform Triumph,” Wall Street Journal, May 10-11, 2008

Sunday, April 6, 2008

My Healthcare Reform Plan

Healthcare reform will be a major issue in the 2008 elections. Both Democratic presidential candidates have proposed major government programs to subsidize health insurance premiums as well as sweeping new regulations to improve coverage and lower costs. These plans ignore several key aspects of the healthcare crisis and would substitute government regulation for market pressures. Ultimately, these flaws would mean that government healthcare plans would be costly and ineffective.

One of the major flaws in the Democratic plans is that they do not address tort reform. Currently, malpractice insurance premiums resulting from civil liability suits are a major source of increasing healthcare costs. Since 1994, the average award in a medical malpractice case has risen to $3.5 million. Over 70% of cases are without merit, but defending against them costs doctors and insurance companies millions of dollars, even if they win.

The high cost of malpractice insurance is influencing many doctors to leave the profession. OB/GYNs have been particularly hard hit. In several states, finding a doctor who will deliver babies is difficult due to the high cost of malpractice insurance. Many insurance companies are exiting the malpractice insurance business because of losses. As fewer companies write these policies, premium costs rise for the remaining insurers.

Rising insurance costs are not the only problem stemming from the legal liability crisis. In order to protect themselves from lawsuits, most doctors order tests that are medically unnecessary and refer patients to specialists that they really do not need to see. These unnecessary tests and doctor visits contribute as much as $108 billion in unneeded medical costs. 92% of doctors report that they engage in defensive medicine that, in the end, costs patients and insurance companies more money.

Legal reforms to the tort system, such as limiting awards for punitive damages, “could reduce health care costs by 5-9% without adversely affecting quality of care.” This could save from $60 to $108 billion annually. These savings would lower the cost of health insurance and make it more affordable for Americans.

Another way to help make health insurance affordable for Americans is to offer financial incentives. HSAs allow individuals to deposit pre-tax money into an account to pay for medical expenses and purchase high-deductible health insurance plans. Similarly, Flexible Spending Accounts (FSAs) allow individuals to use pre-tax money to pay for medical expenses. Because individuals spend their own money in HSAs and FSAs, they are encouraged to shop around for the best prices when they buy healthcare.

There are several problems with HSAs and FSAs. Contributions must be elected in advance. If the money in your account is not used before the end of the year, it is forfeited. This eliminates the some of the incentive to shop around for competitive prices.

These accounts could be improved in several ways. First, a tax credit should be given for premiums paid for health insurance policies. A credit on taxes for premiums paid would encourage more people to buy their own insurance. Second, the accounts should be changed to allow the balances to accrue from year to year. This would eliminate the rush to spend unused money at the end of the year and allow people to save for anticipated medical expenditures, such as a pregnancy.

Current health insurance plans have insulated consumers from market pressures. Insurance co-payments have eliminated the need to shop for the best deal on medical care because the consumer pays the same price for any doctor and the insurance company pays the balance. In most cases, the consumer does not even know the actual cost of their doctor visit. If health insurance plans were modified to require that consumers pay a percentage of the total cost instead of a set fee, consumers would be encouraged to shop for the most cost effective care. Reintroducing competition would begin to put a downward pressure on healthcare costs.

There are other areas in which competition is already reducing healthcare costs. In 2006, Wal-mart introduced a program to offer certain generic prescriptions for $4. The program has since been expanded to more drugs and matched by several other pharmacies. This has made Wal-mart much more effective at reducing the cost of medicine than the federal government.

Similarly, private chains, such as Wal-mart and Target, are introducing medical clinics into many of their stores. These clinics are often staffed by nurses and offer simple treatments that do not require a doctor’s care. Costs are kept down by keeping overhead low. There are no facilities for extensive testing. Serious illnesses would require referral to a traditional doctor’s office or hospital. Many even require patients to process their own claim if they have health insurance.

These in-store clinics expand access to affordable health care. Many patients who visit these clinics would have normally gone to an emergency room and incurred a bill of hundreds of dollars. Many treatments at in-store clinics cost less than $50, even without insurance. Additionally, they are quick and convenient. An emergency room or doctor’s office visit would have taken several hours. A clinic visit can take less than an hour, even including wait time. Clinics also frequently have longer hours of operation than traditional doctor’s offices.

These private companies are not bringing low prices to healthcare solely out of altruism. There is a profit to be made. When a consumer visits an in-store clinic or buys a $4 prescription, they are more likely to bring other business to the store as well. For instance, people might shop for groceries while waiting for their prescriptions to be filled. This creates a win-win situation for both parties without any government subsidies.

Another method of reducing healthcare costs would be to decrease government regulation. Currently, each state regulates health insurance within its borders. Therefore, there are fifty different sets of rules and regulations for insurance companies to follow. In many cases, these regulations add needlessly to insurance costs.

Coverages mandated by the government require increases in insurance premiums. For example, some states mandate that all health insurance must contain coverage for pregnancy. If a consumer does not want pregnancy coverage, if they do not want or cannot have children, they must still pay the increased premiums. Similar mandates for coverages such as co-payments, Viagra, elective surgery, mental health benefits, and chiropractic all serve to increase health insurance costs. It is increasingly difficult to obtain a no-frills, high deductible, major medical plan even though such a plan would provide an inexpensive source of health coverage in the event of a catastrophic illness or accident.

A simple solution to the problem of over-regulation is to allow policies to be sold across state lines. Consumers in highly regulated states who can currently only buy expensive policies would be allowed to purchase cheaper policies from states with less regulation. This would allow more Americans to buy health insurance that would protect them from a major illness, even if it did not pay for each and every doctor visit or prescription.

A secondary benefit of interstate policy sales would be pressure from insurance companies to simplify regulation in expensive states. If sales began decreasing as consumers shopped out of state, legislatures would be forced to make their insurance regulations more competitive. Without change, the insurance industries in their states would continue to decline and lose sales to more competitive states.

A new trend in health insurance is for employers to give their workers an allowance to pay for an individual health policy rather than purchasing a group plan. This is allows the employee to choose coverage that is important to them, while shopping for the most cost-effective plan. If this trend continues, prices would fall as more companies compete for more individual business rather than a monopoly for policies covering a company’s employee group.

An additional problem with the Democratic health plans is that they overstate the severity of the healthcare crisis. Many advocates of a government takeover of the healthcare industry claim that 40-50 million Americans are uninsured. In reality, those numbers are inaccurate because they include noncitizens, people who choose not to purchase insurance even though they can afford it, and people who qualify for government insurance, but have not signed up.

Government statistics indicate that 45% of the uninsured lack insurance because of job changes. These people will become covered again within a few months. Approximately ten million of the uninsured are not citizens of the US. According to a Census report, there are approximately 17 million Americans without insurance who earn more than $50,000 per year. These people can afford health insurance but choose not to purchase it. One prominent study places the true figure for the long-term uninsured as low as 8.2 million.

In a free society, we must accept the fact that some people will make poor, even stupid, choices. Many of the people who elect not to purchase health insurance do so because they are in good health and do not feel that they need insurance. In many cases, they are correct, but sometimes a sudden illness or accident leaves them with large medical bills. This is the result of a deliberate choice that they must live with.

In other cases, health insurance becomes unaffordable or is canceled after a person suffers an illness. Health insurance plans should have renewals guaranteed as life insurance policies do now. A consumer would have the right to renew their health insurance policy regardless of changes in their health during the policy period. Rate increases would be spread over the entire pool of policyholders rather than targeted at those who had incurred large claims.

Some people would remain uninsurable. People with illnesses such as AIDS, cancer, and diabetes should have access to insurance coverage even if they are too high risk for the private insurance market. This is where the government can have a role. In some states, the government currently operates a high-risk insurance pool for people who cannot qualify for private insurance, such as those who have bankruptcies or who own homes in hurricane areas. A similar program for those who cannot qualify for private health insurance would solve the uninsured crisis. The pool could be funded by a small tax added to private health insurance policies sold in the state.

Price controls and increased regulation are ideas that would ultimately be unsuccessful at controlling rising healthcare costs. Price controls would lead to shortages as people and companies leave healthcare for more profitable businesses. Increased regulation would add to the cost of treatments and health insurance.

The government has proven its inability to efficiently manage healthcare in several areas. VA hospitals are notoriously inefficient and often poorly run. Medicare recently announced that it will pay out more than it takes in 2011 and be bankrupt by 2019. Bureaucratic red tape prevents people from getting the care that they are entitled to, while fraud runs rampant. A national government health insurance bureaucracy would likely bring the efficiency and customer service of the Post Office and Department of Motor Vehicles to the healthcare industry. As Americans, we should expect better.

Sources:
http://hillaryclinton.com/issues/healthcare/
http://origin.barackobama.com/issues/healthcare/
http://www.legalreforminthenews.com/speakers/healthcare/healthcare.html
http://www.ustreas.gov/offices/public-affairs/hsa/faq_basics.shtml
http://www.afadvantage.com/flex-faq.asp#1
http://www.walmartstores.com/FactsNews/NewsRoom/5950.aspx
http://www.msnbc.msn.com/id/11148598/
http://content.nejm.org/cgi/content/full/356/8/765
http://www.businessandmedia.org/articles/2007/20070718153509.aspx
http://www.alec.org/2/4/talking-points/1.html