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Stellaa

Stellaa
Location
Santa Rosa, California, USA
Birthday
August 21
Title
Flaneuse
Bio
I blog. I am not a writer by trade nor do I strive to be one. I love blogging. Ideas, flickers, and in no time, you have a body of work. Blogging is like a yoga practice for the brain.

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SEPTEMBER 18, 2009 12:18PM

The Fog Of Health Care Bills

Rate: 41 Flag

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.  

 

 

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WOW. I'm voting for Stellaa. xox
Very informative, Stellaa. I'm still scared.
Damn, girl. If you were president there wouldn't even be a frickin' discussion on this stuff.

So, are you busy in 2012?
Doesn't the Baucus bill have to go through some tweaking, like how to add the Kennedy bill?

I wonder how much it will change before the final draft?
Robin and Bill , aww.....!!! I would make a lousy politician.

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.
Blue Rose, for sure it will go through a great deal of tweaking. At this stage Baucus handed over the major points to the Republicans, so all that we can do now is tweaking of small differences.

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.
Your intense dislike for red tape could hinder your candidacy...xox
I haven't followed this as closely as you, obviously, but as I put it elsewhere, I fear Obama and the Dems have misdiagnosed this "patient" as badly as Bill Frist did Terry Schiavo. Our present employer-provided health-insurance healthcare system has been brain-damaged since the 60's, and it's been on life-support since the Reagan administration. Simply put, it can't be fixed.

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.
One of the problems -- the way I see it -- with the employer requirements, is that if you're a business and you have 5o employees, you might be more inclined to fire one than pay the fine. Or am I reading this wrong?

R. for reasearch
John, that is true. These are the kind of policy implications. They do provide subsidies to employers small employers. But this is the kind of complexity that in the long run I don't understand how the "private sectarians" cannot see that a public option instead of the employer based model, is a much better solution, since the public option would have been cheaper.

This is where I think ideology fogs up the self interest component.
Finally. Something I actually understand. Thank you.

I saw a spokesperson for the Kaiser Foundation speak on the Lehrer show and understood her too. Will check out the site. Thanks again!
Stellaa, this is a really useful post. I appreciate your analysis, your reference to the bill comparison on the Kaiser site, and your list of questions. And I like your neutral, objective presentation of facts and concerns which effectively cuts right through all the ideological confusion.

this post is in itself a good example of how to cut through all that and get to the heart of the matter.
Great, informative post Stellaa; the Kaiser site really is a fine resource. The Bacus bill is a nightmare, methinks. Have you read Conyers' bill - HR676? I'd be interested in your take on it.
I'm rating you because I'm in awe of your fortitude; I think I need a tylenol now.
The reason Medicare is easy to implement it has an immediate qualifier: age. Bang, you are in. The income tests and the verification of income that will be required will create a small army of people that will need to constantly update and verify incomes. We already have experience in income verification for people on Section 8 and Public housing. It is not simple and has a whole layer of complexity.

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.
Dear Professor Stellaa, Just give me my failing grade and I'll try to explain it to my parents. I'm one of those who will have to depend on others to explain what's in these crazy bill. They may as well be written in Mandarin or Swahili when it comes to reading the alphabet soup of legalese. Bits and pieces sink in, but not much more. Not to mention that they are the best treatment for insomnia on the planet. I'll try harder next semester. I promise.

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.
Mr. Rodgers, that is the purpose of the complexity, to obscure the diversions. I give you an A+++
By the time most of whatever is finally passed is in effect I will be nearly Medicare age. I am screwed no matter what.
Thanks for doing this post Stellaa. I began to read the Baucus bill-lite yesterday and my head fell off. I also got really worried about the idea that one can purchase a tiered bunch of insurance plans like credit cards or room upgrades. I worry about the people, not at the bottom or the top, but in the middle, who will be saddled with some extra expenses (that employers will blow off) that will win them the same lousy benefits. I worry about the idea that some things will be factored in over time and how will they ensure that a new administration won't undo or cancel it?

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.
medicare for everyone, single payer savings and efficiency, and let the rich add-on with private insurance if they want to.

everything else costs more and delivers less, except to insurance companies and their wholly-owned congress things.
This is an excellent primer stella, your 6 points make total sense and thanks for taking the time.

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.
Very useful, Stellaa -- thanks so much for this! I can't believe you did this while battling a virus. Thanks in particular for the pointer to the Kaiser foundation site, which looks great. and I'm glad to know my Kaiser premiums are helping somehow!
You should run the program.
Thank you so much for this!'
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!
You know, I've read thousands of words on health care reform, and listened to quite a lot of blather. And this sums it up better than pretty much all of them.

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?
You would only make a lousy politician because they don't speak as succinctly. Good job, and timely of course!
Stellaa, you're an angel! Thank you for breaking this stuff into understanding, meaningful parts. I'd actually planned on doing my own research on the topic this weekend and your informative outline will be right there with me when I do.
More evidence that the only true, long term "solution" is a single payer, government mandated all inclusive health care program, cradle to grave. Vive la France.

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.
Stellaa, this is great stuff....The Baucus, mark up, should be noted more for what it isn'tthan for what it is...In short, the Baucus material isn't about reform....What it it is is a windfall for the insruance industry...and a gloss over of the status quo....I have been saying for months that there can be no reform without removal or reduction of profit as a priority in the process of the delivery and financing of healthcare....As long as we are desirous of permitting people to profit from the misery of others there can not and will not be any meaningful healthcare reform....
I must confess that I'm often too lazy to read bills (which I suspect is true of most Congressmen). Although we should not rely solely on the opinions of others, expert opinion is valuable. I was particularly intrigued by Krugman's piece: http://www.nytimes.com/2009/09/18/opinion/18krugman.html?_r=1

Excellent post, stellaa!
Stellaa, outstanding. I'm going to check out the Kaiser Foundation site and try to slog through some of this stuff. Maybe between what that site has and some of the criteria points you raise here I'll be able to make some sense of what is being proposed, what makes sense and what doesn't. Thanks.
Neither side wants health care reform. In truth because the tort lawyers who contribute to both parties don't want it... because if you have Gov. run health care...the lawyers can't sue Uncle Sam on your behalf.
Great work!

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 ...
You are a good analyst. Thanks for sharing your methods.

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.
Stellaa,

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 bill is basically just an HMO stimulus package.
Great primer! The Baucus thing may turn out to be the best you can get right now. In which case my heart bleeds for you. If the Dems can't do better than this from the position they hold right now, they'll never deliver anything really good.

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...
And may I add that I think you're the first woman I've seen who "quotes" Clausewitz...
Norwonk: the no preconditions will not kick in till 2013, till then the government will pick up those people. On Clausewitz, I did? where?

Thank you guys for reading. If this is as good as we will get, the question is will we be smart in negotiating?
I wonder how much "smart" negotiating it will take to cancel out the bad stuff up to this point.
Rick, I don't know, but once again we got out maneuvered. While we thought we had the White House on our side, the deals were being made with the Insurance companies, in the Chambers of the Senate and the House. Once again, we are marginalized.

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.
> I decided to print the Baucus bill and go through it closely

Dude! Way to take one for the team!
The Government has no business forcing you people to buy insurance from HMO death panels, they should be forcing the retail chains they work for to give them fucking insurance.
I meant forcing young people. OBama complained about them not being insured. Yeah, and $6 an hour is supposed to over that? Why not just buy them nooses?