Politics | A US National Health Care System?


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From: TimF4/21/2012 1:04:30 PM
   of 25831
 
Blinder Brings the Torch to the Hayfields
Apr 20th, 2012 by wintercow20

In today’s Journal, Professor Blinder enlightens us with some of these gems:

That’s where economics and law collide. Economically, the individual mandate and insurance reforms form an unbreakable pair. Legally, they are separate. So the mandate could be ruled unconstitutional while the insurance reforms are not. After all, there is no question that health insurance is interstate commerce, and no question that the federal government can regulate interstate commerce

Well, if you take a very Wickard v. Filbrun”ian” view of the world there is no question. But insurance companies are legally not permitted to sell insurance across state lines. So the health insurance market is most certainly NOT interstate commerce. But never mind – if a distinguished professor says it, that must be true. We are all scientists here ya know.

So what happens if the justices void the mandate but leave the insurance reforms in place? The answer is: We get incoherence. Which, of course, is why you don’t want judges making economic policy.

Get the fire extinguishers ready! So judicial review of legislative actions is akin to the court making economic policy? Would Blinder rail against the Brown v. Board decision on similar grounds? After all, it dramatically altered the way that education is delivered in this country? The simple fact is that Congress wrote an idiotic 2,200 page law. They could easily have pursued a mandate-like program within the bounds of the already elastic constitution, but they did not. If the judges strike down the law, it does not prevent Congress from rewriting it in accordance with constitutional principles. But I am so sorry that Mr. Blinder finds it inconvenient to have to deal with that pesky piece of paper when it impedes his grand vision. You know, Madison and the guys should have made this whole thing a lot easier, right?

This is another real shame. If we are going to have political decision-making, at least elected politicians should do the deciding. Come to think of it, they already have.

Against the “will” of the majority I would mind you. And come to think of it, if we are going to have political decision-making, at least elected politicians should do the deciding. I agree. So I look forward to Mr. Blinder’s next Op-Ed about the Fed and its independence, about the FDA and the EPA and the FCC and the FTC and all of the other agencies which make rulings, sometimes over huge portions of the economy, without any accountability either. I’ll even help Mr. Blinder write it.

Still more fires to put out, but we must be content with this for now.

theunbrokenwindow.com 

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From: TimF4/21/2012 1:49:07 PM
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This Is How Screwed Up Our Concept of Health “Insurance” Has Become
April 17, 2012, 11:44 am

Kevin Drum quotes favorably from Chad Terhune at the LA Times
Some insurers are chasing after much smaller customers with new plans designed to limit employer payouts for big claims using what’s called stop-loss policies. This guarantees that businesses won’t be responsible for anything over a certain amount per employee, perhaps as low as $10,000 or $20,000, with the rest paid by an insurer. Regulators and health-policy experts say this arrangement undercuts the notion of self-insurance since employers aren’t bearing much of the risk, and it allows companies to circumvent some state insurance rules.

“This is not real self-insurance. This is clearly a sham,” said Mark Hall, a professor of law and public health at Wake Forest University who has studied the small-business insurance market. “Regulators have good reason to be concerned about the potential harm to the market.”

Self-insurance is attractive for many reasons, particularly the prospect of lower costs. It’s exempt from state insurance regulations such as mandated benefits, granting employers the flexibility to design their own benefit package and the opportunity to reap some of the savings from employee wellness programs. A federal law, the Employee Retirement Income Security Act, or ERISA, governs self-funded plans. Some aspects of the Affordable Care Act do apply to self-insurance, such as the elimination of caps on lifetime benefits and some preventive care at no cost.

Drum agrees
Yeah, it’s a scam.

In a reasonably sane world, and in all other contexts outside of health care, insurance is obtained at relatively low prices to cover only catastrophic events that would be potentially bankrupting. Car insurance does not cover oil changes and home insurance does not cover oven repairs. So why is it that Drum is arguing that we should ban insurance policies that only cover catastrophic losses and not routine costs? After all, the second sentence in the first paragraph from the LA Times sure seems to define exactly what insurance should be (and is similar to my personal policy, which has a high deductible attached to a health savings account).

The problem is that when Drum and the Left use the word “health insurance” they are actually referring to a bundle of four items
  • Traditional catastrophic insurance against large, unexpected, bankrupting charges
  • Third party payment / capitation for entirely routine and expected health expenditures, from physicals to contraception
  • Crony payoffs for favored constituencies, mainly via mandated benefits rules. This payoff may be to consumers, e.g. young women like Sandra Fluke who have the rest of us pay to maintain her sex life; or it may be to corporate cronies, who are able to get their particular device or procedure or service included in the mandated benefits, guaranteeing a large stream of customers who don’t care a bit what the product or service costs because it is now paid for by a third party.
  • Social engineering, in the form of embedded incentives to promote certain favored behaviors like seeking preventative care or eating better. And when the government is paying the bill, the policy becomes a Trojon horse for government micro-management of our lives in the name of health cost reduction.
The second item seems to be a paradigm embedded in the mind of everyone in the US today, that health plans somehow need to cover every imaginable health-related expense. Outside of an HMO model where these expenses are managed, this is a recipe for a cost explosion. If we all had pre-paid car policies that bought our cars for us with low deductibles, no one would be driving a seven-year-old Nova. The third and fourth items are Trojan horses for state control and cronyism that politicians are desperate to preserve. So it is not surprising that efforts to roll back insurance to just be, well, insurance is met with anger by would-be authoritarians. The question is, why do we listen to them?

coyoteblog.com 

I agree with Coyote, but in a sense Drum is correct. These companies are contracting out for insurance, and their method to avoid regulation is taking advantage of a loophole. Where I disagree with Drum, is that I think avoiding that regulation is a very good thing.

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From: TimF4/21/2012 2:43:38 PM
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If Obamacare Is Constitutional, then Why Did the Founding Fathers Bother with a List of Enumerated Powers?
March 26, 2012 by Dan Mitchell

I think Obamacare is bad policy because it exacerbates the main problem with the current healthcare system, which is third-party payer. And as a public finance economist, I’m obviously not happy about the new taxes and additional spending in Obamacare.

But those issues are temporarily on the back burner now that the Supreme Court is deciding whether the underlying law is constitutional.

I’m not a lawyer. I don’t even play one on TV. But I can read, and when I look at Article 1, Section 8, of the Constitution, I don’t see that Congress has the power to coerce me into buying a health insurance policy. Heck, I don’t see any role for the federal government in healthcare.

The statists say that the commerce clause (“To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”) is a blank check for federal intervention, but that’s a bastardization of the original meaning and purpose of that passage, which was inserted to prevent states from imposing protectionist barriers.

What matters, though, is how the nine Justices on the Supreme Court interpret that passage. Here’s some of Philip Klein’s analysis for the Washington Examiner.

…the outcome of the case, and fate of the president’s most significant legislative achievement, will likely hinge on how the court views the Commerce Clause. One of the most widely debated parts of the Constitution, the Commerce Clause grants Congress the power “to regulate commerce with foreign nations, and among the several states.” And as the size and scope of the federal government has grown throughout the nation’s history, the Supreme Court has grappled with how broadly or narrowly to interpret the phrase. …If the court allows the mandate to stand, opponents claim, it would effectively give the federal government unlimited power to regulate individual behavior.

And here’s some of what Damon Root penned for Reason.

Article 1, Section 8 of the U.S. Constitution grants Congress the power “to regulate commerce…among the several states.” The framers and ratifiers of the Constitution understood those words to mean that while congress may regulate commercial activity that crossed state lines, Congress was not allowed to regulate the economic activity that occurred inside each state. As Alexander Hamilton—normally a champion of broad federal power—explained in Federalist 17, the Commerce Clause did not extend congressional authority to “the supervision of agriculture and of other concerns of a similar nature, all those things, in short, which are proper to be provided for by local legislation.” In other words, the Commerce Clause was not a blank check made out to the federal government. Yet in its decisions in both Wickard v. Filburn andGonzales v. Raich, the Supreme Court held otherwise, allowing Congress to regulate the wholly intrastate cultivation of wheat and marijuana, respectively. Those decisions cannot be squared with the original meaning of the Commerce Clause. As Justice Clarence Thomas remarked about the majority’s reasoning in Raich, “If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything—and the Federal Government is no longer one of limited and enumerated powers.”

When I read all this material, my amateur legal analysis is pretty simple: Why would the Founding Fathers have bothered to list enumerated powers if the commerce clause gave the federal government a blank check to control our lives?

Like I said, I’m not a lawyer, much less an expert on constitutional law. Then again, this amusing poster shows that the same thing can be said about the President.

danieljmitchell.wordpress.com 

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To: Lane3 who wrote (23677)4/21/2012 10:09:29 PM
From: J_F_Shepard   of 25831
 
Thank you for the info......

The cholesterol studies that have been done, I think, still heavily suggest lower total cholesterol, high HDL, and low LDL improve cardiac health. The" high cholesterol is good reports" are certainly worth considering but I think need more extensive experimental studies..... The conclusion in one or two reports that dropping values in older people is an indicator of earlier mortality can set a guy like me rethinking the strategy of reducing values as low as possible... six months ago after daily Lipitor doses of 40 mg, my numbers were the lowest I ever experienced and I thought the sudden large drop was suspicious, eg LDL dropped to 40 from the previous 70. Total chol. remained about 150 and HDL was steady at about 59... So after those results I cut the Lipitor dose in half and just had a blood test this week....will get the results on Tuesday...

There is a very large study published the Lancet which includes many thousands of people, hundreds of thousands in fact, and those results still support the conclusion that lowering the three values is good for cardiac health.....

thelancet.com 

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To: J_F_Shepard who wrote (23682)4/22/2012 9:51:37 AM
From: Lane3   of 25831
 
I noticed that the abstract didn't include all-cause mortality, just vascular mortality.

eg LDL dropped to 40 from the previous 70

One can get too much of a good thing...

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To: Lane3 who wrote (23669)4/22/2012 11:23:36 AM
From: skinowski   of 25831
 
Making some lab tests and a broader spectrum of medications available without prescription is an interesting idea. Management of certain conditions, like Diabetes, is very "user dependent" - the doc can do very little if the patient is not interested. A smart person can do very well with only occasional guidance and advice from the doctor.

In reality, this change would lead to broader (formal or "informal") "prescribing by pharmacists. That would be an interesting change in the nature of the profession, with new rights and liabilities, etc. I think it may work, if done right. If druggists will start getting sued, they'll refuse to offer clinical advice - at least for free.

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To: Lane3 who wrote (23683)4/22/2012 11:29:53 AM
From: J_F_Shepard   of 25831
 
I understand your point but the objective of the review of data was to investigate vascular effects.....to include all cause mortality would suggest accidental deaths, murders, and deaths from any number of causes be included.

mayoclinic.com 

Ideally, your total cholesterol and LDL cholesterol levels should fall in these ranges: Total cholesterol below 200 milligrams per deciliter (mg/dL), or 5.2 millimoles per liter (mmol/L)LDL cholesterol below 100 mg/dL (2.6 mmol/L) — or below 70 mg/dL (1.8 mmol/L) if you're at very high risk of heart disease

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To: TimF who wrote (23680)4/22/2012 11:30:17 AM
From: skinowski   of 25831
 
>>> “This is not real self-insurance. This is clearly a sham,” said Mark Hall, a professor of law and public health <<<

Agree.

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To: skinowski who wrote (23684)4/22/2012 11:55:38 AM
From: Lane31 Recommendation   of 25831
 
Druggists are already taking on more. That's where I've gotten my shots for several years, flu and shingles. It seems to me that there's a lot of training there that is not being utilized. Putting prescribed pills in a bottle can't be very job enriching.

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To: J_F_Shepard who wrote (23685)4/22/2012 12:08:04 PM
From: TimF   of 25831
 
But its possible that high or low cholesterol (or HDL or LDL) causes deaths other than through vascular effects. As for deaths that are pretty random and clearly unrelated the idea would be to have a large enough and random enough sample that such deaths would tend to equalize in each group studied.

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