The WaPo’s Ceci Connolly, the health care reporter the WaPo implicitly offered access to for a mere $25,000 a session, gives America’s Health Insurance Plans (AHIP), the private insurers’ lobbying arm, an opportunity to complain that Baucus’ reform bill is reneging on the deal they got from Baucus and the White House.
But in the article, AHIP inadvertently concedes that insurers will have strong incentives to cherry pick low-cost (i.e., younger) consumers in the new exchange(s), while pushing higher-cost (i.e., older) consumers towards the uninsured category.
This unforced concession has implications for how the so-called opt-out “compromise” would work to screw older and sicker Americans, the very groups that need more affordable health care coverage. But to see that, let’s go back a week to this excellent WaPo article, in which David Hilzenrath explained how insurers would still discriminate against some patients and cherry pick others in the exchanges.
If insurers are prohibited from openly rejecting people with preexisting conditions, they could try to cherry-pick through more subtle means. For example, offering free health club memberships tends to attract people who can use the equipment, says Paul Precht, director of policy at the Medicare Rights Center.
Being uncooperative on insurance claims can chase away the chronically ill. For people who have few medical bills, it is less of a factor, said Karen Pollitz, research professor at the Georgetown University Health Policy Institute.
And to avoid patients with costly, complicated medical conditions, health plans could include in their networks relatively few doctors who specialize in treating those conditions, said Mark V. Pauly, professor of health-care management at the University of Pennsylvania’s Wharton School.
By itself, a ban on discrimination would not eliminate the economic pressure to discriminate.
“It would probably increase the incentive for cherry-picking,” Pauly said. “I’m strongly motivated to try to avoid you if I’m not allowed to charge you extra.”
Got it? Despite reforms prohibiting discriminatory practices, insurers would still have powerful incentives to cherry pick low-cost people and mistreat/shoo away high-cost people. While the reform bills include a risk-adjustment mechanism to reallocate dollars within the exchange(s) from insurers with lower-cost enrollees to insurers with higher-cost enrollees, that mechanism would likely fail to capture all the adverse selection effect, and insurers would have strong incentives to undermine the rules and deceive federal/state regulators trying to counteract the perverse incentives.
In Ceci Connolly’s article, AHIP confirms the insurers’ susceptibility to these perverse incentives. Connolly reports the insurers concern that, given the Baucus bill’s failure to cover 25 million uninsured people and not penalize the uninsured enough to induce enough people to buy their products, then they shouldn’t be forced to comply with bans against discrimination, denying coverage for those with prior conditions, and so on. But think about what AHIP’s Karen Ignagni’s argument is revealing:
Industry leaders, who have held their tongues for months, spoke in increasingly dire tones Thursday about the impact of the Democratic proposals, raising the specter of an eleventh-hour lobbying campaign to defeat Obama’s centerpiece domestic policy goal.
Many lobbyists and independent analysts underlined what they called major flaws in the Finance Committee’s bill, saying it probably would draw the sickest, most expensive patients into the health coverage system without balancing the insurance risk with more young, healthy people. The result, they predicted, would be ever-rising premiums for the people, businesses and governments that pay for medical care.
“The consequences of this would be an upward spiral; rate shock to everyone who stays in,” said Karen Ignagni, president of the industry group America’s Health Insurance Plans. “This legislation will fail the test of affordability for individuals.”
Ignagni’s logic is correct and predictable, but what it tells us is that the insurers are counting on lots of younger, healthy people being forced to pay premiums, so they won’t be stuck with just older/sicker people with higher costs. She’s implicitly confirming that the scheme focuses insurers’ incentives on attracting the young and discouraging the old. These same incentives will be driving the industry whether the number of uninsured is 25 million or 17 million (as projected for the House bills).
How Does This Affect the Public Option and the “Opt-out Cop Out?”
The private insurers will follow the money — they’ll follow the incentives to attract the young and healthy and discourage the older and sicker patients. If there is a viable Public Option (PO), those folks will gravitate towards the PO. If the PO’s rates are linked to Medicare and Medicare payments, as they should be, these patients should be fine, because Medicare payments are already designed to deal with an older, generally sicker population; Medicare is the logical payment structure for many of the people likely to wind up in the PO.
As long as there is a viable PO, these people will have an alternative to choose that is not a private insurer whose incentives are lined up to discourage and screw them. The PO will faithfully cover them at rates linked to costs of serving older/sicker people.
Moreover, the PO will want to survive, so it will have it’s own powerful incentives to press federal regulators to design and implement a fair cost/risk allocation scheme that will transfer dollars from cherry-picking private insurers with lower risk patients to the insurers (especially the PO) that cover higher-risk patients.
Now consider an opt-out scenario in which there is no PO in, say, Texas and several other states. In that case, the usual perverse incentives will still drive private insurers. They will cherry pick the young/healthy and discourage and drive away the older/sicker folks — but where would these people go?
There is a good chance that without a PO as a dependable alternative, these people would simply find insurance unaffordable or so unresponsive they would simply drop out of the system. The insurers will use Baucus’ 4:1 age ratio to charge older folks more and drive them out. And that’s fine with the private insurers, because as Karen Ignagni tells up, they really don’t want those customers anyway, because these older/sicker patients cost more.
The bottom line: the private insurers will have powerful incentives to cherry pick the young and discourage older, sicker patients. A strong, viable PO would have incentives to offset these effects and to make sure the older/sicker are still faithfully covered even if cherry picking occurs.
However, an opt out would strengthen the ability of private insurers to discriminate and leave the older/sicker patients with fewer choices, and perhaps drive them way from all coverage.
No liberal health reform advocate should endorse a system that encourages such discrimination and leads to this entirely predictable and unconscionable scenario.
More:
RJ Eskow/HuffPo, Brilliant Maneuver or Crippling Compromise?
Bill Moyers/Michael Winship/HuffPo, In Washington, the Revolving Door is Hazardous to Your Health





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thanks scarecrow. this is an v important post. before i comment, i have questions (probaby lots, sorry). here is the first batch:
but at what cost? if older/sicker people chose the PO, increasing the costs to this program, what will be the cost (total of premiums, deductibles, copays, coinsurance, etc) to people who chose this plan? how will this affect affordability and or access to the plan — especially if the private insurance plans have lower premiums?
It’s hard to think through all the scenarios, but I’d expect this to start with premiums that reflect costs — hopefully, Medicare payment levels (or plus 5% or whatever). But because the PO could easily become the last resort option for higher-cost patients, then to sustain that would require a very strong risk adjustment mechanism, to redistribute $$ from the cherry picking insurers to these less agile at it and the PO, which isn’t trying to do that (an assumption one has to make if you believe a public program has validity).
The PO has an incentive to encourage the regulators (exchange administrators or HHS?) to make the adjustments honest; the cherry-picking private insurers have the opposite incentives, so their lobbyists will enter and we have to hope the PO does a decent job fending them off and holding its own. Given how even this Democratic Admin allows such easy access to the most powerful lobbyists, I’m not sanguine about that. If the lobbyists are more influential, then the risk adjustment would not be able to redistribute sufficient dollars, and there could be a cost squeeze on the PO. This is what happened to the Texas plan, which I discussed a couple of posts ago.
There’s another piece that doesn’t get much attention, though I keep mentioning it. The providers are now committed to Medicare or not, to private insurers or not. A new insurer, like the PO, trying to get started could have a difficult time getting sufficient providers on board to provide the actual health care, and this will be particularly difficult given the concentration in the insurance and provider industry. This is a massive anti-trust problem no one seems to be addressing — except Conyers?
The House bill recognizes this and says Medicare providers are automatically PO providers, unless they opt out !! under rules yet to be written by the Sec. of HHS. If those rules are tough, you keep the Medicare providers and the PO has a decent start; if the rules are easy, more providers could opt out, leaving the PO a hollow plan.
These are just guesses how this would play out, and a lot depends on whether we use Medicare providers and Medicare rates, which could make or break this idea. It’s like planting a garden surrounded by giant crows, and no scarecrow.
Thanks for your posts. I am too busy to keep up, and appreciate the pointers to good and informative articles, and your analysis.
This kind of cherry picking has always been a potential problem with the weak reform that has been proposed. I am not sure why the opt-out proposal is suddenly bringing it up.
If I were a bigshot pol, I would accept opt-out in return for a very strong public option open to everyone in states that opt in, and also requre the option for popular decision for state to opt-in or opt-out (for example petitions to force a referendum).
I am cynical and think that any reform proposal that will pass this year, especially with our current misguided Democratic leadership, will not be workable. We need one basic comprehensive plan, a community rating, strong publicly monitored mechanism for risk adjustment process, universal care, Swiss style Audits from Hell, any company offering basic plan takes all comers, supplemental policy market for those who want more coverage with no penalties. That might produce a good private/public insurance mix.
If can’t get that, go for a Medicare for all type of single payer system as in Australia, and private insurers would exist only on supplemental insurance market.
Only question in my mind anymore is whether the plan that passes this year will ratchet the system towards something better later, or not. If the former, pass it with understanding that it will have to be redone in a few years, because it will have fatal flaws for a long term solution. That is why I am not much interested in issues of prinicple, or equity, or economic efficiency, since I think that whatever junk can pass this year will fail on all those counts. Only question is whether we can get a half-way house the ratchets us in the right direction.
You are making it seem as if it were a bad thing. The Villagers write each other checks. That is their custom. It makes them happy and helps the economy.
Lobbyists are favored by the gods so they can write more checks than anyone. Then the banksters do it on an international scale. I am still so angry about Iceland.
So are the Icelanders.
And by the way, it is amazing how $25,000 seems to be the standard Village transactional fee,
year in and year out. That’s how much Orrin Hatch got to pimp on the Senate floor for BCCI,
how much George Will got for servicing Conrad Black in his column, and how much
Katharine “Outcalls Only” Weymouth was planning to charge before the scheme blew up
and a low level munchkin was made the fall guy.
One of the things that bothers me most about the debate has to do with a quote someone put up yesterday. Obama uses it a lot, “if you like your insurance you can keep it, if you don’t have insurance…”. There is an enormous “doughnut hole” here in that a lot of us with employer-based health insurance don’t like it and would dump it in a heartbeat if we could, but evidently we will not be permitted to jump ship. IIRC this is what Wyden’s admendment was trying to address.
But the other thing that bothers me is allowing providers to take their ball and go home. That should not be allowed. All providers should have to take some percentage of Medicare and P.O. patients in their practice.
thank you Scarecrow!
a rather bright lightbulb has clicked on . it’s pretty weedy stuff for us non wonks – been trying to get my mind around how this would help the AHIP cabal. it all started to make sense ’bout half way through your fabulous post.
The provider issue gets messy when you consider that not all insurers pay the same for the same provider service. Medicare pays one thing, Medicaid pays less, a private insurer pays more, an uninsured person pays the most. So if providers are convinced that Medicare/caid rates don’t cover their costs, forcing them to accept those rates, would, they claim, drive them away. Then there are claims that because Medicare underpays, private insurers are forced to overpay, to make up the difference. And other analysts dispute that this “cost shift” is real.
And even if you simplified this with single payer — one consistent payment system for all – the payments still have to cover costs or the providers go away. This is a huge cost-of-service regulatory problem, but it’s usually not discussed in those terms.
But you’ve hit on the most sensitive nerve in the debate: are doctors overpaid? Check out Yglesias’ take on Kevin Drum:
http://yglesias.thinkprogress.org/archives/2009/10/excess-spending-in-us-health-care.php
The more I look at the potentials and really crazy provisions I am coming to the conclusion that nothing on the table is going to make anything better for anyone…other than the short term bottom liners. They will take the quick money and run.
It won’t work folks. The only thing that will is a universal single non-profit system.
The states rights options for any law that addresses a universal need is just more of the old Confederacy garbage. In fact it may be that Obama should first be addressing how a true Union of all the states can be created. A good place to start would be doing away with the electoral college.
“Got it?”
Yea,,,but if Grayson & Weiner don’t get it Fast, then it won’t get around soon enough to affect anything.
They will write another 1000 pages fruitlessly trying to rein in a shitty bill,,, or just go with single payer & be done with the worst aspect of the system.
Guess whether they will do it now or kick it down the road?
Maybe if the Dems had 88 Senators they could grow a pair.
If we solved the medical school bills problem, we might be able to argue about over payment. Does anyone really know what doctors make by specialty? Or is that as hard to come by as trying to pay cash for seeing the family doctor for a check-up?
Try this. Looks about right but I have not checked the organization
http://www.payscale.com/research/US/People_with_Doctor_of_Medicine_(MD)_Degrees/Salary
The only practical way to do all of this is single payer of course. And some of these politicians talk about putting the insurance companies out of business would be a bad thing. Sure there would be a lot of temporary displacement of workers but that was also true when computers and electronic automation came along. We adapted and that wasn’t a moral imperative like this should be.
Since single payer was jettisoned before the conversation even started, I’ll settle for a strong public option that everybody is eligible to participate in. Nothing else is acceptable.
To simplify this: Your still-overpriced insurance is required to cover, say, melanoma (skin cancer). Your policy specifies that (1) they will pay only ‘reasonable and customary’ charges (which are set to a tiny fraction of what the treatment actually costs on the bill), and (2) you have to use an in-network provider and…guess what? There aren’t any! Oh, maybe there’s a couple token doctors and oncology units in the insurance company’s book — but they’re full up and not accepting any new patients.
We really, really need — at minimum — a robust, inclusive and nationwide public option. Single-payer would be better, but at least this would be better.
Making people buy overpriced garbage insurance isn’t going to help.
The opt-out cop-out is immoral and wrong.
Interesting link. Thanks.
Book Salon up at the Mothership with Paul Davidson’s The Keynes Solution: The Path To Global Economic Prosperity hosted by Stirling Newberry
Is there some problem with driving the health insurance companies out of business? It used to happen all the time.
Without mentioning that many of them stop using it after a few months. (Ask your local gym or health club office people: they make money off those who buy memberships and don’t use them.)
So if the Public Option is there in some states, and those states tend to attract sick people, wouldn’t that be nice for states who opted out?
I hate opt-out. It makes an already too weak PO even worse. It doesn’t get any votes. I think Schumer is working for the other side.
I can’t agree. The whole cherry picking analysis misses the point. We already know that insurers will be able to do this without a strong public option. Insurers will ONLY be able to do this if the red state citizens ALLOW themselves to be opted out. The fact is, we know that a majority of the citizens of ALL states, red and blue alike, support a public option. But in the red states, they haven’t been fighting for the PO, even if they say they support it in opinion polls. A majority of those citizens have elected Republicans who have stonewalled HCR every step of the way, and the red state citizens have allowed it to happen, either by complacency (failure to vote) or outright hostility to HCR. If red state citizens want the PO, they should be prepared to fight for it, ie create groundswells of public outrage, and force their legislators to stay opted in. It will be another battle for those progressive Dems who live in the red states, but the opt out provision gives them an enormous, historic organizing tool to throw out the Repubs. Time for citizens to take some responsibility.
We already know what happens when states are allowed to “opt out” of providing health care to the poor and to children. States can provide more or less Medicaid coverage and more or less SCHIP coverage, and the result is that the red (and poorer) states consistently provide less — even though the uninsured in those states have this wonderful organizing opportunity to demand better treatment from their indifferent legislatures and governors.
See this analysis of census data on which states have the highest percentages of uninusred, including Medicaid and SCHIP:
http://www.nytimes.com/2009/10/10/business/economy/10charts.html?scp=1&sq=Divided%20States%20of%20Health%20Care&st=Search
thanks for the response, my apologies for being so late in replying.
i completely agree wrt the importance of a very strong risk adjustment mechanism. and imo, the smaller the po, the more critical it is — a big po, as i understand hacker’s original proposal, would i think be a little less sensitive to a less than perfect risk adjustment.
… because i think comments may be closing soon, i’ll try to post several short comments instead of one longer one. that way if comments close while i’m typing at least i’ll get part of my reply posted…
i’d go even further. if obamaco are indeed trying to torpedo the po now (i expect you agree but am not sure)… then if they are not able to do it via the process dodge (see fisa), their backup plan may be to do it via weak regulation.
so i expect the cost squeeze, which is why i asked you about it in particular.
still though, even if the the cost squeeze plays out as you describe, there are human rights reasons for supporting the po as an insurer of last resort, especially in case of catastrophic illness. however, if that is the case, i think it is VERY important not be claiming the po will have lower costs… imo, we should be thinking ahead to how the republicans will portray public insurance as a massive fail (including therefore single payer!), in order to protect it from making claims it won’t be able to live up to. even if a po is expensive because of the cost squeeze, it could still be called a success if described now as insurance of last resort.
completely agree re provider network and provider cost structure. besides the issues you raise, is the issue of administrative costs of starting from scratch. medicare provider network and cost structure reference is indeed key. thanks for highlighting the issue. wish there was a scarecrow on the inside to watch over the writing of the legislation and regulation… oh, and enforcement too.
will probably have to wait for another thread for more of my questions. you have given me the best argument i’ve seen against the state opt out (to have a chance at surviving, the po needs to be as large as possible. state based opt out will undermine the entire po). i was sitting on the fence, but am now persuaded.
leaving 17 (or 25) million without insurance of any kind is far far worse. my outrage is all used up by that, and the lack of cost control which will leave millions more underinsured.
i pretty much agree wesgpc (although i am still interested in the issues of prinicple, equity, and economic efficiency — first because i want to understand/learn and second because i want to do what i can that this reform is not oversold by the dems and cause the public lose confidence in their ability to govern).
i wouldn’t mind swiss style hcr if i thought there was a chance in hell of the dems (to say nothing of the republicans) actually regulating effectively. unfortunately, that’s just not the gov we have right now. that is why the only feasible approach i see is to take it directly to the insurance companies with a populist campaign to get rid of them in favor of single payer gov insurance.
i’m glad to find the thread’s comments still open. thought you might be interested in the links hipparchia found wrt mayo clinics and medicare/medicaid:
http://www.correntewire.com/healthcare_reformers_we_need_more_mayo_clinics_mayo_clinic_we_cant_make_money_taking_care_you