So, yesterday, in the fog of a virus, I decided to print the Baucus bill and go through it closely. I wanted to be informed, and in a sick perverted way, I like reading legislation. For years I worked in Community Development and Affordable Housing, so trudging through law and regulations came with the territory.
Since we are in the new age and we as citizens need to forage for information I wanted to share with you guys a few practical ways to look at public policy. It seems that we rely on our modern day priests, the pundits and journalists, to read and decipher the tablets with the laws from the gods.
Yet, in these days, when information is available, we can spend sometime getting the first hand, not the priests version, of the tablets.
I considered printing the House bill, but after I realized it was over 1,000 pages, I lamented the paper that I would be wasting. The Baucus act, the America's Healthy Furute Act of 2009, is 200 plus pages.
I then went to the Kaiser Family Foundation and found a side by side comparison of both bills and the President's position, I found their whole site to be very useful. If you want to get some first hand education, I recommend this site, so when you read others, you have some first hand information.
In public policy I tend to like elegant and simple solutions . Lets say your goal is providing affordable healthcare, if I was doing it, this is what I ask the following questions:
1. Do we have an existing delivery system that will need no start up time and is ready to go? (Medicare)
2. Is that system cost effective?
3. Will the new system create new complexity that will burden the delivery?
4. Are you trying to solve more than one public purpose with the policy? Are you losing sight?
5. Are you creating something that you expect to improve later and just proposing something for now? Is this "good" thing going to become an industry that then will fight to sustain itself?
6. Is the policy basically a series of market tweaks that you think will result in your goal, in this case, affordable healthcare for all Americans? Is it just a major tweaking of tax and other policies and a pile of nuance and regulatory intricacy?
With these questions in mind, I tried to trudge through the Baucus Act. Acutally, it's not a bill right now, it's Mark up, or recommendations for discussion.
After the law/Act is passed, then the Department's responsible for implementing the Act, are required to issue Regulations and Procedures. The regulations will be available for public comment and they are basically an interpretation of how the law will be implemented. So, in truth, this is not the end, there will be further tomes that will be written and argued.
What I always think when I read a bill that has a great deal of complexity, how will humans implement this beast? How will they be able to enforce it and explain it to the end user: You and me.
I highly recommend the Kaiser site for an overall great and informative overview. I am still reading the darn things and my love for this sort of thing is waning quickly.
All the current bills have the similar components. You hear and read about dribs and drabs from here and there, but it's good to have a handle on what is the scope of the law and how it will be realized.
Finally, I advise you to see what parts affect you and your family.
1. Individual Mandate: the common theme is that we will be required to carry health insurance. Each of the bills has various exclusions, whereases, buts and ifs. (This is critical, the bills provide for subsidies to families at certain percentage above the National Poverty level not regional income levels)
2. Employer Requirements: they all basically have a component that specifies what are the employer responsibilities, by size of business etc.
3. Expansion of Public Programs: They each expand Medicare/Medicaid to the lowest income population.
4. Premium subsidies to individuals: this is the critical section that will matter to you. Based on income they each propose either a direct subsidy or a tax credit etc.
5. Premium subsidies to employers: Since employers will be required to provide insurance there are provisions for that.
6. Tax implications, there are various aspects that will affect your taxes and corporate taxes. (psst, this is where they sneak in the stuff that they can claim does not increase taxes or is neutral to the budget; eyes glaze over but there is I assure you a cadre of the most clever tax attorneys creating a cottage industry right now).
7. The Insurance pooling mechanisms: This is where the whole market vs. public argument lies. This is where the cooperatives and gateways are. This is where the insurance industry tweaking is. Talk about going goofy reading stuff.
8. Benefits: What in god's name will be and will not be covered?
9. Changes in the private insurance industry: what are the proposed regulatory changes (portability, precondition exclusions).
10. State roles: This is important, the Baucus bill dumps a lot to the states through Medicaid without giving them money, watch the governors on this one, I don't blame them, the euphemism is "shared responsibility".
11. Cost containment: simplification of regs, shared information etc. This is where we wanted to see that we the people would get to negotiate the prices with big Pharma etc. This is where the cost savings in Medicare were going to come from to help subsidize the premiums. This is where the Pharmas have a big stake.
12. Finally we get to the last bits, how to improve how we deliver healtchare. For example, people having primary doctors, evaluation and tracking of patients and policies.
13. Prevention/ Wellness : education, behavior change. You know all that good stuff.
14. Long term care: creating some affordable long term voluntary health care program.
So, if it is helpful, use this list of 14 categories to compare and contrast the bills. Use the categories as a crib sheet when you read the various opinions.
At this stage I find both bills violate my own personal standards for Public Policy best practices. But, since I know I will never see those standards applied in my lifetime, I have to dig and look at what we have and how it will be implemented and what implications it will have on American households.
To my friend Chris, who shares my fetish for this kind of stuff, lets sit down soon and do our own side by side of the bills, just like the old days.


Salon.com
Comments
So, are you busy in 2012?
I wonder how much it will change before the final draft?
Hells Bells, yes, it is scary. What I do not like is the need for political expediency results in a rush job without real clear thinking on the implications. Not that we do no have the public policy thinkers and professionals that could guide us to a better law, but always, political expediency leads to a hodge podge.
I am hoping that the advocates of healthcare are at the table.
In all the complexity of the bills is mind boggling. I think an industry will emerge that will confuse the hell out of us the consumers. Nothing elegant about this approach.
There is literally a world of alternatives, most obviously Canada and Britain, that we could choose from instead, options that don't need CBO's SWAG (strictly wild-assed guess) projections. But Congress won't opt for something that might actually work for fear of offending the Lunatic Fringe and losing lobbyist largess. And you can add to that NIH -- ironically the acronym for National Institute of Health, but in this case representing the foolish form of pride called Not Invented Here.
R. for reasearch
This is where I think ideology fogs up the self interest component.
I saw a spokesperson for the Kaiser Foundation speak on the Lehrer show and understood her too. Will check out the site. Thanks again!
this post is in itself a good example of how to cut through all that and get to the heart of the matter.
Chicago Guy, I don't know what I understand. I continually find bits that are rather daunting. For example, in the Baucus plan, the "no precondition exclusion requirement" for insurance companies does not kick in till 2013, till then, the "govt picks up those people". So, tell me, if we have a GOP win, they can take that requirement out and insurance companies would still get off not taking everyone, just creaming.
Older people will have pay up to 5 times the base of insurance in Baucus plan and in the House Plan only two times. So, how is the Baucus plan affordable?
Ghost, it's a fetish nothing to admire.
PS Please don't tell my parents that you think I'm just stupid. They will pull me out of school and put a shovel in my hand.
It reminds me of the heralding of new credit card consumer protection laws that were passed. Yay for all of us. In another year or so when they begin.....so what do people do in the meantime?
Argh. Makes my head explode. Again, great post and I will be book marking it. You did a fantastic job with this. Also, I can't emphasize more what you said about the comments in the Federal Register before it becomes cemented. That is the time to really nail it down.
everything else costs more and delivers less, except to insurance companies and their wholly-owned congress things.
I just don't even want to know. I know it's not going to do anything near that which was promised, and it's not going to help me. No bill without a fully public option is going to help me or 10,000s like me. They are going to fuck us over once again, and I just don't think I can do anything about it. And I'm dog-tired of being angry about it.
I'm with the crowd whose eyes glaze over, heads exploding, with paralysis of the deer in the headlights. I'm trying to be a grownup but, shoot!
Obfuscation anyone? Never mind treating others the way, etc....
I've been in a fog all day, this explains a little of that.
Thanks again for your skills, fetish, and laying it out for us laymen and lay women!
One thing puzzles me, because it seems so simple: if employer mandates are in a bill, but not a public option, what is to keep the insurance companies from continuing to jack up rates? And if everyone is required to carry coverage, how is it not a giveaway of billions of dollars to them? The answer continues to look like: nothing.
This is why every time I read about how the public option is "negotiable," I get the shudders. Why can't we kill off the insurance companies, again?
I don't see these bills working in the short term let alone the long term.
France, France or Sweden, Sweden, or Holland, Holland. Lots of other countries that could also be copied that, while not perfect are light years ahead of what we've got now.
But damn, the insurance company execs chartering yachts in the Med or owning them might have to look for other gigs. My heart bleeds for those poor mother fuckers.
It either has to quickly evolve to the single payer, French model or our country will collapse. If you thought the real estate bubble was a big hit, wait till the health care bubble pops. Everyone is going to work in health care because it's supposed to be so "stable" but eventually there won't be enough people to pay 6k for a sprained ankle or 20k a month for chemo. The health "care" industry will implode.
You've got some serious public policy chops Stellaa, but it must be so frustrating to see mistakes being made over and over again when we have known better for so long. There is something, after all, to be said for dictatorships.
Excellent post, stellaa!
You are thinking like I was not long ago.
There is no need for the common folk to listen to the sage-elders of journalism explain these bills to us.
However, you and I are vast oddities that we actually enjoy reading it and beyond that pull away any level of understanding from it.
I mean I didn't really read the 1000 pager but it's crazy formatting on that House bill; the thing really isn't that bad but one could go crazy trying to get all of it. Just use the Appendix, duh.
This Baucus bill, that has the conservatives with their panties all in a twist, is not that interesting to me. Like you said:
"Actually, it's not a bill right now, it's Mark up, or recommendations for discussion."
Exactly. That makes me lose attention. They will change whatever it says about individual mandates to just about anything else.
HR 3200 set out something about .. getting charged as to your income level.
That's what I envision (punditry ahoy!) in a final bill. Everyone will be on it but if you don't make beans you won't even be paying for it and if you barely can pay the bills you'll be paying almost nothing.
Group hug! Less people will die next decade or so ...
I have health care as part of a pension, so I don't see how any of the options being proposed can possibly help me personally or do anything but cost me money. Despite this, or perhaps because of this, I am for a system that extends Medicare.
But it is exactly this that frightens many people (including me). That in order to extend health care to the uninsured, we will get needlessly jerked around. Nobody wants to get jerked around. That's why I agree with you about simple solutions, not solutions that build cottage industries for tax accountants, lawyers and insurance companies.
At the moment I am not hopeful anything good will come out of this.
It was a good idea to just lay out some questions about some of the details of this issue. My opinion is that, for those who truly hoped/wanted to see real reform, we've already lost. Game over.
You ask, “Are you trying to solve more than one public purpose with the policy? Are you losing sight?”
I think the answer to the above question is, “Yes.” Sight has been lost. Trying to “solve more than one public purpose” is a failure when we attempt to include two antithetical approaches to solve a problem. The system we have is the problem – it does not work – and we are attempting to include that system as part of the solution. Profit motive is the problem, and that is the primary feature that is being protected.
The big boon is the fact that people with pre-existing conditions will be able to get insurance. That is vital, and worth swallowing a few camels for. But it seems pretty clear that this bill would do nothing to control costs, while putting new burdens on federal and state budgets. In other words, you will have to have a whole new reform in a few years. You better hope that Dems still hold Congress when that day comes...
Thank you guys for reading. If this is as good as we will get, the question is will we be smart in negotiating?
The question is who and how will we be back in the conversation? I think Obama fucked this up big time and I think it was on purpose.
His hands off attitude and eagerness to avoid the "Clinton events", created this power vacuum that got sucked up by the insurers and big pharma.
Dude! Way to take one for the team!