The Affordable Care Act (Obamacare) designers were compelled
to make the health insurance companies part of the deal. No industry so rich and powerful can
just be abolished.
But the risk was high.
The behavior of insurance companies was part of the health care
problem. They profited by denying
policies to those it judged poor risks, by revoking policies when subscribers
got sick, and by tailoring policies with exclusion after exclusion, among many
other tactics. Under the ACA those
practices would be outlawed – all applicants would be accepted at one price,
with standard provisions, and no cancellations allowed. Plus, importantly, profit and overhead
rates would now be capped; if exceeded, the companies would need to rebate
premium dollars to subscribers.
Companies would retain the power to enter or exit markets at will and to
price every product freely, but they couldn’t cherry-pick their subscribers
anymore.
The ACA, however, left the insurance company-provider
relationship untouched. The
companies for years kowtowed to powerful high-priced hospitals, pharma, and
large physician organizations, while dividing and conquering smaller physician
groups, particularly primary care.
Thus arrived the increasingly prevalent High-Deductible Health Plans
(HDHPs), which will continue under the ACA. HDHPs represent terrible health policy: higher patient
payments, disincentives for relatively inexpensive primary care, but continued
support for high priced hospitals, procedures, and end of life intensive care.
With the new rules of the road, economists predicted the
insurance companies would compete on the basis of efficiencies, service, and
lower prices. But were the changes
enough? Corporate behavior experts
observed that a company’s culture tends to be persistent. Would the predicted beneficent
behaviors indeed emerge, or would other unpredicted ones, sly explorations of
design flaws perhaps, take their place?
And also importantly, would the government be able to adjust rules and
regulations nimbly as needed?
The eventual outcome is unpredictable, but the early
transitional period is alarming.
The insurance companies at this stage need to avoid catastrophic
mistakes, even at the cost of initial market share. So they cancel grandfathered policies for their own
convenience; enter only selected exchanges to decrease risk; and charge high
prices for profit safety, even if they might need to rebate consumers at the
end of the year. Moreover, they
have created “narrow provider networks,” paying the included providers
miserably, even if that leaves out the best doctors and compromises
doctor-patient continuity.
Needless to say, the high-priced areas remain untouched.
Obama erred in giving up so easily on the Public Option,
which could have provided a safe haven for many in this interim period with
uncertain choices. He also erred
in not providing a transitional plan of incremental changes for those who would
be facing higher prices. That
would have been better than ignoring the problem. He also erred severely in not altering the insurance
company-provider axis. Above all,
he erred in not assembling a united, high-quality health care executive team.
While the short-term challenge is coverage, the long-term
challenge will be reducing costs in the high-priced areas. Progress is difficult under the best of
circumstances. Incompetence and
venality are constants of life.
The key for progress will be for the government to finally assemble a
first-class team, to recognize facts on the ground unstintingly, and to develop
a willingness to confront entrenched interests.
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