Supreme Court and the Individual Mandate

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PST
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Re: Supreme Court and the Individual Mandate

Post by PST » Thu Jun 28, 2012 2:11 pm

Sloop wrote:
PST wrote:The relevant language is in section 1201 of the PPACA. The act not only prohibits denial of coverage or exclusion of coverage for pre-existing condition, but also premium discrimination based on pre-existing conditions. It imposes "community rating," so that premiums don't necessarily have to be the same in Nebraska as in New York City, but withing each geographic area, they must be uniform. The only factors that can be taken into account are age (within defined limits), family size, and smoking (which can justify up to a 50 percent higher premium).
I struggle with trying to deem this a good thing. After all, we are talking about Insurance Companies -- not some Government Handout Company. How does the "pre-existing mandate" differ from the guy who wrecks his car and then walks into a State Farm Insurance office and demands coverage -- for the same price btw as the long time SF customer who has never filed a claim? Should not United Health Care be treated the same as State Farm in terms of how they can sell their wares? They are both PRIVATE enterprises.

Anyway, I am sure you have heard this argument before. The fact of the matter is that no insurance company can withstand the onslaught of millions of new customers, all with terrible ailments, and do this without imposing huge increases in premiums. Maybe everyone will be treated the same, but pay they will. ObamaCare was sold to the American public, in part, with the claim that insurance premiums would go down, not up.
I hope you don't mind a long answer, and maybe one that is too personal, but I'm going to address that argument. Disease is fundamentally different from an auto accident. At some point in life, most of us develop a condition that will predictably cost a large amount of money, quite possible for the rest of our lives, but we have no way of knowing when that day will come. For some it comes at birth, for others later. I agree that I shouldn't be able to wait until I'm sick to buy health insurance. That was what the mandate was about. If the Supreme Court had struck down the mandate and kept the rest of the act, the result would have been like saying you could walk into State Farm after wrecking your car.

But what happens to the person who plays by the rules, makes prudent decisions, and always has health insurance, but who then loses that insurance for economic reasons (like job loss or business failure) and has to go back to the insurance market? If that person has already developed a pre-existing condition, he has no reasonable place to go in the free market. That isn't because insurance companies are evil, just because in a competitive environment no insurance company can afford to provide such coverage if all the others don't. It would attract all the bad risks (a process called adverse selection) and soon would be priced out of the market for average risks.

I am going to use myself as an example here, in part because I am pretty well off: not a one percenter, alas, but lucky in life with nothing to complain about. I am in my late 50s and currently being treated for the second serious cancer of my life. I'm doing well, and I have every reason to think that my initial treatment will succeed, but I face the need for follow-up procedures every three months for years, and the possibility of radical surgery, multiple rounds of chemo, and perhaps lingering hospice care. If my business fails, and I lose my group coverage, how am I like the guy who already wrecked his car? I have had some kind of health insurance literally every day of my life, and as a business owner I help ensure that many other people have it too. There was never any free-market mechanism, however, by which I could insure myself against the risk of becoming uninsurable. If the worst happens economically and medically, I could badly deplete the assets my family will need in the years to come despite having done well in life, because almost no one can afford the full cost of major illness on his own. In addition, the severe illness of a child or other relative who lacked insurance could have a similar effect of pauperizing someone who was both healthy and prudent.

I think the PPACA is especially good for people who have had less good fortune than I, but I think it would be viewed with huge relief as well by most people in my economic position if everyone understood it better and looked at it objectively without thinking about which team they consider themselves to be on or how much they like or dislike its proponents or opponents. Health care simply isn't like most other goods, and few of us possess the means to protect our ourselves and our families from a combination of illness and insurance loss unless a program like this one comes into being. I'm happy to share in the cost.

As one last point, I think Sloop is wrong to believe that there will be an "onslaught of millions of new customers, all with terrible ailments." Most of the newly insured won't have terrible ailments. Most of them will be healthy for years and the insurers will do fine, on balance. Forced to take all comers, each will have its share of poor risks and the burden will be shared. One way or another that happens today. People end up on government programs or getting unreimbursed charity care, and we bear the cost eventually, but the individuals are put through hell first. Likewise, I don't think the PPACA was actually sold on the basis that it will reduce insurance premiums, because no reasonable person expects that. The actual costs of care will keep rising as the population gets older and doctors learn to do more. All we can hope for is to slow their growth.
Last edited by PST on Thu Jun 28, 2012 2:33 pm, edited 3 times in total.

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Bons
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Re: Supreme Court and the Individual Mandate

Post by Bons » Thu Jun 28, 2012 2:16 pm

chunkyfrog wrote:Availability (and quality) of employer-provided health insurance is a major factor in recruitment and retention.
I do not see that changing. But but no healthcare at all for working folks is wrong.
I went back to school for 3 years to get a REAL job -(with health insurance.)
It has probably extended my life expectancy quite a few years.
It would be nice to see all working people getting at least as good healthcare as prison inmates.
It's only fair.

The "haves" never like fair. They like having access to medical care that many of us lack.

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Tip10
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Re: Supreme Court and the Individual Mandate

Post by Tip10 » Thu Jun 28, 2012 2:17 pm

The whole paradigm with regards to employer provided health care changes with the advent of government provided/mandated health care.

The Frog is correct in that "Availability (and quality) of employer-provided health insurance is a major factor in recruitment and retention." however, that was in an environment where there existed only employer provided or private pay. And it also existed where there was a direct benefit to employers to having their employees covered -- something they could only guarantee by providing health care coverage.

The bottom line is -- their employees now WILL be covered by health care coverage -- to say that a business did not face a DIRECT penalty before for not providing coverage and they do now is correct, however, before they faced a fairly substantial INDIRECT penalty (having their workforce (and workforce's family) NOT covered) that they no longer face. Their workforce (and their families) WILL BE COVERED. This is what places the decision back into a purely economic exercise and why I believe employer provided dependent care coverage to be at serious risk.

N

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Re: Supreme Court and the Individual Mandate

Post by NateS » Thu Jun 28, 2012 2:24 pm

PST wrote: I do not understand the logic of this argument. Today, an employer can drop health insurance coverage with no penalty at all if it wants to, yet many still offer coverage. After 2014, there will be a substantial penalty. You say that since the penalty is less than the employer's share of the cost of coverage, employers will do the math and drop coverage. If they wanted to do that, why not do it today when there is no penalty? However much a company might be able to save in the future by not offering coverage, it could save $2000 more per employee by getting rid of insurance now. It doesn't make sense to me that employers will start dropping coverage after a penalty is enacted just because the penalty isn't bigger.

In addition, I believe that you are factually wrong to say that private, employer-sponsored health insurance generally provides greater coverage than the plans offered up under the PPACA. Even though there are some terrible employer-sponsored plans out there, I agree that most are good -- clearly better than Medicaid and more complete than Medicare. However, they are not better than the insurance plans to be offered in the exchanges under the PPACA. The benefit levels for those plans are defined and regulated in the act. One of the things I like best about the act is that the exchanges will define several standard benefit levels, so you can compare apples to apples when shopping for an insurance company. For example, a "silver" level plan will have to have benefits that actuaries say will on average cover 70 percent of expected medical costs, leaving 30 percent to co-pays and deductibles.
Thank you for having the patience, more patience than I will ever have, to repeatedly rebut and explain the false mischaracterizations posted here over and over about the Patient Protection and Affordable Care Act, now upheld by the Supreme Court of the United States.

It is so obvious that most if not all of the negative attacks posted here about the law are false characterizations written and disseminated by wealthy lobbyist groups and politicians, and regurgitated by well-meaning trusting people who ought to be a lot more skeptical than they are.

I would be curious to know how many nay-sayers here can honestly state that they actually sat down and read and analyzed the law itself, rather than merely spoon-fed propaganda churned out by lobbyists and politicians who are experts at convincing large segments of the population to vote against their own self-interests and that of the public good.

Please keep up the good work! - Your rebuttals are needed and appreciated!

Regards, Nate


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PST
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Re: Supreme Court and the Individual Mandate

Post by PST » Thu Jun 28, 2012 2:28 pm

Thanks Nate. Why can't you be a pretty girl?

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Re: Supreme Court and the Individual Mandate

Post by Kerr » Thu Jun 28, 2012 2:34 pm

NateS wrote:I would be curious to know how many nay-sayers here can honestly state that they actually sat down and read and analyzed the law itself, rather than merely spoon-fed propaganda churned out by lobbyists and politicians who are experts at convincing large segments of the population to vote against their own self-interests and that of the public good.
Nate, NO ONE has read the law itself. The Senators and Representatives themselves didn't read the bill. When Pelosi was asked about the bill she herself said for the people to find out what was in the bill that it had to be passed into law first. Is that the kind of representative government our Founders dreamed of? There was no attempt to provide the bill for review prior to voting, nor did Obama keep his pledge to give 3 days of review prior to sign the bill. The economy is already pretty flacid and this bill is going to kill what's left of it.

ALSO, the law itself is ONLY an outline. It provides the general structure of what changes are made but is NOT the actual regulations that some beaurocrat in a cubicle will write to cover the law. So NO ONE knows exactly what all the implications are yet because tens of thousands of pages of new regulations have not been written yet. We DO know though that each time regulations are added that it significantly increases the cost to businesses as they have to hire lawyers and more regulatory 'experts' who have to review everything the company is doing, which causes further slow down of services and INCREASES the cost to the consumer. This bill will DESTROY privatized healthcare in the coming years if it isn't repealed by our next President. Even the White House has had to agree that the cost of this bill will far exceed the TRILLIONS of dollars expected after more recent CBO estimates, which is yet another promise broken.
Last edited by Kerr on Thu Jun 28, 2012 2:36 pm, edited 1 time in total.

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Re: Supreme Court and the Individual Mandate

Post by NateS » Thu Jun 28, 2012 2:36 pm

Sloop wrote:How does the "pre-existing mandate" differ from the guy who wrecks his car and then walks into a State Farm Insurance office and demands coverage -- for the same price btw as the long time SF customer who has never filed a claim?
So by that logic, the person who is stricken with cancer is akin to "the guy who wrecks his car" - it's his or her own fault, so he should have to pay more for his insurance coverage?

Are you asserting that every sickness or illness is the result of some neglect or failure or negligence or recklessness on the part of the stricken patient?

Wow.

Nate

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Re: Supreme Court and the Individual Mandate

Post by Kerr » Thu Jun 28, 2012 2:40 pm

NateS wrote:
Sloop wrote:How does the "pre-existing mandate" differ from the guy who wrecks his car and then walks into a State Farm Insurance office and demands coverage -- for the same price btw as the long time SF customer who has never filed a claim?
So by that logic, the person who is stricken with cancer is akin to "the guy who wrecks his car" - it's his or her own fault, so he should have to pay more for his insurance coverage?

Are you asserting that every sickness or illness is the result of some neglect or failure or negligence or recklessness on the part of the stricken patient?

Wow.

Nate
He didn't say that at all, did he Nate? Can you quote where he said the two are the same? Please let me know when you've done that.

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Good news

Post by Sleep2Die4 » Thu Jun 28, 2012 2:42 pm

The SCOTUS decision has made it very easy to kill the Obamacare mandate. SCOTUS said the mandate is not a mandate. It is a tax.

Taxes can be repealed in the Senate under reconciliation with just a simple majority. This means 51 votes in the Senate kills the mandate, and the commerce clause cannot be used to resurrect it.

Maybe Roberts knew exactly what he was doing and put it back to the legislative branch to straighten out the mess they created?

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Re: Good news

Post by Kerr » Thu Jun 28, 2012 2:43 pm

Sleep2Die4 wrote:The SCOTUS decision has made it very easy to kill the Obamacare mandate. SCOTUS said the mandate is not a mandate. It is a tax.

Taxes can be repealed in the Senate under reconciliation with just a simple majority. This means 51 votes in the Senate kills the mandate, and the commerce clause cannot be used to resurrect it.

Maybe Roberts knew exactly what he was doing and put it back to the legislative branch to straighten out the mess they created?
We can only hope.

Of course, remember, Obama said that this wasn't a tax and his lawyer argued bill wasn't a tax either, yet it was upheld as a tax.

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Re: Supreme Court and the Individual Mandate

Post by Sleep2Die4 » Thu Jun 28, 2012 2:45 pm

I would be curious to know how many nay-sayers here can honestly state that they actually sat down and read and analyzed the law itself
This is a strawman argument that contributes nothing to the discussion. No citizen today reads any lengthy bills and rarely does a legislator.

Bills are just too complex and this is a violation of one tenet of good government - all laws should be easily understandable by the citizens.

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Re: Supreme Court and the Individual Mandate

Post by lazer » Thu Jun 28, 2012 2:55 pm

mikewithe wrote:
lazer wrote:... OsamaCare

Really? Most people here know that I am a disabled vet but beyond that I don't normally discuss my service. In this case I'll make an exception. As a former Navy SEAL I take great offense to this statement. To compare our nation's leader to one of our nation's greatest enemies is despicable at best. If you want to start flinging insults go somewhere else. It achieves nothing toward stimulating debate. And serves to only stir animosity and resentment.

...........
No offense or disrespect aimed at you and thank you for your service. My son put in two tours in Iraq recently. He's also re-enlisted in the Marine Reserves. He's called our current POTUS worse and nothing about his "Commander in Chief" skills but what he's done or rather not done to our economy but I'm not here to hijack the thread OR start an Interwebz war about it.

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Re: Supreme Court and the Individual Mandate

Post by Janknitz » Thu Jun 28, 2012 3:37 pm

When this thing is fully implemented there going to look at cost versus life expectancy and decide if it's worth expending the money on someone that's old say 75 or older. I fall into that category and I know everyone will say I'm nut's but there will be a so called panel to review who gets treated at that age and who doesn't. It will save a lot of money just to tell you to go home and take a pill and prepare to meet your maker. I can here them now saying your crazy, well we'll see.
We already have a government mandate for senior citizens called MEDICARE that's been in place for decades. So have you been denied any treatment yet?
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Re: Supreme Court and the Individual Mandate

Post by Sloop » Thu Jun 28, 2012 3:46 pm

To answer Nate and PST -- a couple of points I would like to get in here

ObamaCare was promoted on the false premise that it would begin solving our healthcare problems and LOWER costs. Please explain to me how that is going to happen? It has been an utter failure in that regard.

PST, you make a decent argument in favor of Obamacare, but you don't address the damage that ObamaCare is doing to the business world -- to companies that are too scared to hire any more employees for fear of the unknown. There are trillions of dollars that right now are simply sitting on the sidelines waiting for some sanity from Washington before this money will be put in play. I would put to you that a large part of the blame for this stagnation of our economy is because of this uncertainty.

As I understand today's ruling with re to Medicade, there will be millions of Americans who were supposed to qualify for the "expanded Medicade", i.e., they make too much in earnings to be put under the standard Medicade, but now the states will NOT be obligated to provide Medicade to this group. This was the group that also was used to a large degree in originally selling the program. So now (or beginning in 2014), these folks will be obligated to purchase their own healthcare, with no government assistance, or suffer a penalty on their tax returns from the IRS. Such a deal.
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Re: Supreme Court and the Individual Mandate

Post by DiverCTHunter » Thu Jun 28, 2012 3:51 pm

Janknitz wrote:
When this thing is fully implemented there going to look at cost versus life expectancy and decide if it's worth expending the money on someone that's old say 75 or older. I fall into that category and I know everyone will say I'm nut's but there will be a so called panel to review who gets treated at that age and who doesn't. It will save a lot of money just to tell you to go home and take a pill and prepare to meet your maker. I can here them now saying your crazy, well we'll see.
We already have a government mandate for senior citizens called MEDICARE that's been in place for decades. So have you been denied any treatment yet?
For that matter, when's the last time you complained about a DME? Most of the bad ones got that way because they found a loophole that allowed them OVERBILL MEDICARE for low-quality equipment.

I work for a healthcare provider and was biting my nails all day because we (and every other provider, especially those who won't admit it) depend on MEDICARE and MEDICAID to survive.
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