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When middle class Americans see something is wrong, we can change it.

by Lee Bowers                                                                                          Copyright protected. All rights reserved.


Preface  *  Beginnings  *  Growth  *  Pharmaceuticals  *  Consequences:  Jobs, Inflation, Collusion, Bankruptcies  *  Summary  *  Action  *  Benefits to Doctors, Options for Insurers  *  Conclusion

PREFACE

The purpose of health insurance, initially, was not to pay for health care, but to replace lost income due to illness—more like disability insurance.  Until the late 1920's, there wasn't much demand for today’s kind of health insurance, because the middle class could still afford to pay health care costs out of pocket, according to Melissa Thomason in the EH.net Encyclopedia of Economic and Business History.  [Thomasson, 1900-1920]  

Back then, doctors treated most people in their homes, even did surgery there.  Annual costs for medical care averaged $12.33 per person in 1921, and lost wages due to sickness cost workers another $12 a year, according to Sara Beazley in her HHN Magazine article, “Eight Decades of Health Care: The 1920’s.”  [Beazley]  Gene Smiley reported in “The U.S. Economy in the 1920s,” also in the EH.net Encyclopedia, that unskilled males in manufacturing were earning an average yearly wage of $1,240.  [Smiley]   

$12.33 a year for medical care is less than 1% of an individual factory worker’s $1,240 annual wage.  If he supported a family of 4, that $12.33 per person still added up to barely 4% of his yearly income.  That may have been the last time we had affordable health care in this country.   

As medical science improved, and treatment shifted more and more from the home to the hospital, health care costs began to rise beyond what the middle class could afford.  Health insurance emerged to fill the gap.

BEGINNINGS

The web site of Blue Cross Blue Shield summarizes the first version of today's health insurance:

Born out of necessity in the Great Depression, the Blue Cross concept was created in 1929 by a pioneering businessman, Justin Ford Kimball.  He offered a way for 1,300 school teachers in Dallas to finance 21 days of hospital care by making small monthly payments to the Baylor University Hospital
[BCBS Beginnings].

This was shared risk insurance: not all the teachers would need 21 days in the hospital each year, which none of them could afford, but since they couldn't know in advance who would need the hospital care, they pooled their resources and shared the risk.  The idea spread to other employee groups.  

Prepaid hospital care helped consumers, gave hospitals a steady source of income during the Depression, and raised the percentage of occupied beds.  However, like physicians, the hospitals abhorred competition:

Since single-hospital plans generated greater competition among hospitals, community hospitals began to organize with each other to offer hospital coverage and to reduce inter-hospital competition.  These plans eventually combined under the auspices of the AHA (American Hospital Association) under the name Blue Cross
[Thomasson, 1930-1940]. 

The AHA and Blue Cross became powerful political lobbyists, according to Thomasson.  They won privileged conditions through state-level legislation,

allowing them to act as non-profit corporations, to enjoy tax-exempt status, and to be free from the usual business regulations.  [Thomasson, 1930-1940]

Like Blue Cross, Blue Shield also started in the 1920's as an employment benefit, this time providing doctors' care:

the Blue Shield concept was growing out of the lumber and mining camps of the Pacific Northwest.  Serious injuries and chronic illness were common among workers in these hazardous jobs.  Employers who wanted to provide medical care for their workers made arrangements with physicians who were paid a monthly fee for their services.  [BCBS Beginnings]

Occasionally, employers also established community hospitals to help those physicians serve workers and their families, which was the case in the hazardous-industry town where I grew up.  Our doctor was also expected to, and did, help the company deny workers’ compensation claims.

Seeking to avoid competition from, and control by, hospital prepaid plans, doctors banded together to offer prepaid physician care, and Blue Shield was born in 1946.  Again, lobbying and legislation exempted them from laws governing insurance and gave them non-profit, tax-free status.   

GROWTH

During World War II, wages were frozen.  To attract and hire more workers, employers offered health care plans since they couldn't offer higher wages, and plan sales increased.  Thus the almost-unique U.S. pattern of employer-provided health insurance became firmly established.  It grew rapidly after WW II, as unions bargained for both higher wages and more benefits.   

The spread of health insurance coverage—from less than 10 percent of the population having coverage in 1940
grows to nearly 70 percent in 1955 [BCBS History].

Employees are a younger, healthier group to insure than the general population.  With this reduced risk, commercial insurance companies entered the market, according to Thomasson.  Because they were not tax-exempt, they could use experience rating and charge sick people higher premiums than healthy people, or simply refuse to insure them.

But as part of their tax-exempt deal, Thomasson explains, Blue Cross and Blue Shield (BCBS, or "the Blue's") had to use community rating and insure everyone equally.  This difference gave the commercial insurance companies a competitive advantage, and they won business away from the Blue's. 

People don't worry about costs they don't have to pay for out of pocket when the insurance company pays instead.  Shielded by the concealing buffer of insurance, health care providers kept increasing their prices.

Health insurance used to be only for major medical expenses, not for routine and preventive care.  But as prices kept increasing, routine care also got too expensive for the middle class, and pressure grew during the 1970’s to insure preventive health care as well as major medical expenses.  It seemed logical for insurance to pay less to prevent a serious illness, than to wait for illness to strike and then pay a lot more.   

Enter the HMO's (Health Maintenance Organizations), whose health care plans included and encouraged preventive care.  In order to compete, both Blue Cross Blue Shield and the commercial companies had to add preventive care coverage.

Insurance premiums and underlying prices both continued to increase.

PHARMACEUTICALS

A similar pattern occurred with prescription medications.  As they became too expensive, pressure grew to insure them as well, and when the health insurance industry entered the picture, prices increased more. 

Pharmaceutical companies charge us significantly higher prices at home for the same medications that they sell abroad for less.  Their lobbying is the reason Congress has prohibited our own government from negotiating for lower medication prices for Medicare and Medicaid, and prevented both our government and the public from importing cheaper medications from other developed nations with standards as high as our own.  

They’ve done it because Congress has allowed it.  Why this lobbying has succeeded is another story, but the results are chronic and grotesquely out-of-control price increases for prescription medication. 

The pharmaceutical companies are following patterns long established by the medical profession.  As prescription drugs moved under the umbrella of the health insurance industry, medication prices also became, like doctors’ prices, secret and discriminatory.  They soon rose to match the inflationary rate of the providers' prices.  Not surprisingly, health insurance premiums continue to rise even more.

The pharmaceutical industry says they are entitled to profit margins as high as 80%, because they have such high costs for research and development.  They're using conflation—combining two readings into a single text—to conceal the truth.  The untangled version is that the pharmaceutical industry's high profits are free and clear after they have already paid for the standard and deductible business expense of research and development.

There are three steps we can take to correct exorbitant prescription drug pricing:

  • First, get FDA-approved and strictly monitored reciprocity agreements with foreign pharmaceutical companies, so we can purchase safe medications from outside the US.  Access to international competition will bring American drug prices down.

  • Second, prohibit secret and discriminatory medication prices, and require open and uniform pricing instead, so that within each pharmaceutical company, everyone pays the same publicly known price for each of its drugs.

  • Third, we can correct an anti-competitive, monopoly-making feature of our patent system.  Having a patent today means two things:  one is ownership of newly created property, which is essential for protecting and rewarding ingenuity.   

    The other gives the patent owner an exclusive right to produce, price, and sell the new product for all the years the patent is in effect.  With that production monopoly, pharmaceutical companies can charge high prices because they face no competitive forces that would bring those prices down.  This is why they have so vehemently opposed generic drugs.  It took legislation to make them accept competition from generics after their patents have expired.

    We can require medical patent owners to grant production licenses to all FDA-approved producers in return for a standard royalty on sales—and prohibit all such licenses from setting any minimum sales price.  This will inject competition into the pharmaceutical industry and bring their prices down.

The monopoly-making feature of our patent system allows and protects those exorbitant drug company prices and profit margins.  We learned the hard way, from the Robber Barons of the 1800’s through the anti-trust suit that broke up AT&T’s monopoly on telecommunications in 1982, that monopolies are dangerous to both consumers and the economy, so dangerous that the government has had to step in more than once. 

One prescription drug, PremPro, will illustrate the monopoly problem with pharmaceuticals.  Hormone replacement therapy has been around since the 1960's, but PremPro is still available only at high-cost, brand-name, top-tier prices. 

Why?  Because every time Wyeth tinkers with the formula, it gets a new patent, and each new patent Wyeth gets continues to prohibit competitors from producing cheaper generic versions of PremPro.  The current formulation of PremPro was approved in November 1995, as a modified version of an earlier product.  [FDA]   This pattern is common throughout the pharmaceutical industry.

What can we do to protect ourselves from these costly abuses of our patent system?  How can we get pricing competition into the medications market?

We can end the pharmaceutical companies' production and pricing monopoly, while protecting their patent ownership, through mandatory licensing with standard royalties.  

Incidentally, we can also require that the medical patent holders pay royalties from the sales of successful new medical products into public health care funds in proportion to the government grants we taxpayers gave toward their research and development.   

Health care providers’ prices have risen dramatically since 1960, but similar dramatic increases in the prices charged for prescription drugs did not occur until after 1980.  Once the health insurance industry got involved, medication prices rose so fast that they caught up with the inflation rate of physician and hospital prices.

CONSEQUENCES:  Jobs, Inflation, Collusion, Bankruptcies

The health insurance industry has become a huge, lucrative middleman, obtaining revenue not only from insured patients, but also from physicians, employers, pharmaceutical companies, and the government.  This situation developed over nearly a century, almost too slowly for us to notice, in increments that seemed logical at each stage. 

But we now see that the end result is hurting us badly, with denials of benefit claims and unchecked price increases, until millions of uninsured people had no access to health care except in emergency rooms.  And it is crippling the job market for the American middle class.

Jobs:   Data from the U.S. Department of Health and Human Services shows that health care costs have grown over the past 50 years from 5% to 16.2% of the Gross National Product [HHS/CMS].  This growing imbalance in the national economy endangers us all.  Our health care crisis is not just a health care crisis any more. 

The high cost of health insurance is diverting our earnings from our paychecks to the health insurance companies, sending full-time jobs overseas, and eliminating them at home.  It has become a powerful driving force for employers to create separate and unequal jobs at home through underemployment. 

The damage caused by exorbitant and chronically increasing health insurance premiums is creeping through our economy like gangrene, crippling middle-class earnings and constricting consumer spending.  It reaches far beyond our health care system. 

The Bureau of Labor Statistics (BLS) reports that our average weekly earnings, measured in constant 1982 dollars, have actually declined by 17% since the early 1970's, from $334.01 in January 1973 to $276.69 in January 2006. [BLS/CES]  But our employers' labor costs were going up.  Where did the money go?  

While our real-dollar wages have declined, the costs for employee health insurance have been increasing, especially between 1988 and 1993 and even more noticeably in recent years.  According to the Kaiser Family Foundation, 

[Employer] health insurance premiums have increased rapidly over the recent past, growing a cumulative 78 percent between 2001 and 2007 and far outpacing cumulative wage growth....  [Kaiser].   

Labor cost increases have been going to the health insurance companies instead of into employee paychecks.  

Personal experience opened my eyes to the falling-dominoes impact of tying health insurance to jobs.  Along with many others, I was laid off from a full-time job in Massachusetts in 2003. 

Since then I've watched many friends—highly qualified professionals—scramble for sub-contract opportunities.  Others, myself included, piece together two or more part-time jobs.  

From my stunned, “What just happened?” state of mind after 2003, I began to wonder how we got here, and started looking for answers.  

According to Virginia Colliver in the San Francisco Chronicle, over half of us get our health insurance through our jobs [Colliver]; the Bureau of Labor Statistics Consumer Population survey reported that “62.2 percent of the nonelderly U.S. population had employment-based health benefits in 2006.”  [Beckmann]

The percentage of health insurance premiums paid by employers varies considerably over time by firm size, how many options are offered, types of plans, including whether single or family policies, employee wage levels and the rates of employee enrollment (lower-wage workers have to contribute more and tend to participate less).

But generally speaking, our employers have been paying roughly 70% [Kaiser, BLS, Beckmann, Towers Perrin] of employee health insurance premiums to cover half the population [Colliver], which suggests that the American business community has been carrying 35% of the nation's health care costs on their backs in addition to their own business expenses.  

It's an incredible burden for American industry.  Unlike most of the rest of the world, we've tied health insurance to employment for nearly 70 years.  Since the 1990’s, U.S. jobs have been going overseas for good reason—having to bear the cost of health insurance puts American businesses at a significant disadvantage in the global marketplace. 

It’s easy to understand how the ever-increasing cost of employee health insurance drives employers to find ways to get rid of it or go broke.  Non-profits in Massachusetts, particularly higher education, discovered many years ago how to avoid that expense altogether.  They make more and more jobs part-time, since Massachusetts law exempts employers from having to provide benefits to most part-time employees. 

This sometimes leads our employers into absurd positions.  Massachusetts community colleges hire the same individual in two different part-time positions whose total weekly hours would make them eligible for full-time status.  However, they pay such individuals as though they were two separate people holding two different jobs in order to retain their classification as "part-time" and thereby avoid providing benefits.  I have the pay stubs to prove it. 

Employers in the private sector have increasingly been copying this “underemployment” strategy.  According to the Bureau of Labor Statistics (BLS) Current Population Survey (CPS), job losses nationwide more than doubled between April 2001 and May 2003—from 2,298,000 to 5,101,000 [BLS/CPS].  Corporations laid off a great many full-time employees with standard health insurance benefits, creating a large pool of highly qualified people looking for work. 

Then they turned around and drew on this pool to under-employ them as part-time, sub-contract, or long-term "temporary" staff with no benefits.  Not just no health insurance, but no paid holidays, no paid vacations or sick days, no maternity or family leave, even, for some, no Social Security withholding with employer matching.  Much cheaper for employers this way, but very tough on the middle class. 

We have allowed the creation of a new lower class in America—the underemployed—but the BLS has not identified and does not directly track the full scope of our underemployment.  It does track the number of people who work part-time involuntarily for “economic reasons” (meaning the employer's economic necessity), and that number increased by 50%, from 3,201,000 in April 2001 to 4,592,000 in April 2003. 

By 2009, the reports of annual average hours of work showed that part-timers were fully 28% of the employed population [BLS/CPS*].  According to CBS 60 Minutes on October 24, 2010, the nation's unemployment rate (9.6%) would be 17% if we counted those who settled for part-time jobs or gave up looking for work; California's would be 22%.  

Incidentally, it appears that many of the underemployed are women, a pattern which may be contributing to the continued inequality of women's incomes compared to men's.  Since 2001, more women have held multiple jobs than any other group in the labor force [BLS/Dem], another indicator of people without benefits struggling to make ends meet.  

The highly successful Massachusetts health reform law of 2006 mandates employer-provided health insurance—except for most part-time staff [mass.gov].  That’s a powerful incentive to replace full-time positions with part-time jobs, but it isn’t new.  It’s just spread from the non-profits through the private sector to government policy.    

Many part-timers have incomes that are limited by employer ceilings on the number of hours we can work, in order to maintain our part-time status.  And although the Massachusetts health reform law lets those employers off the hook, it still requires us to purchase health insurance on our own. 

Of course the underemployed can't afford very much in premiums or coverage.  If we get seriously sick, we know massive medical debt, even bankruptcy, will follow.  On the other hand, if our incomes are kept low enough, the taxpayers are stuck with our health care costs.  Yet we're still taxpayers ourselves. 

Those who still have full-time jobs get low group rates and large employer contributions for their health insurance premiums; they also have job security when they need maternity, parental, or dependent care leave.  Most of the underemployed have no access to group health insurance, and no job security when family needs arise; instead, they are often treated as disposable adjunct staff. 

With the more recent 2008-2009 rise in unemployment, there's a new twist on employers avoiding benefit costs—using use a bait-and-switch hiring strategy.  One employer advertised and interviewed a well-qualified job applicant for a full-time position with benefits, then offered this successful candidate only a part-time position with no benefits and a lower pay rate—less than he was getting on unemployment.  

Isn't bait-and-switch illegal in consumer advertising?  Do we need our legislators to prohibit it as an employment strategy as well? 

Better yet, mandate full parity in benefits and pay for part-time employees—and pass laws to separate health insurance from jobs so our employers can afford to let us work.

Inflation:  Health insurance got its start, and grew, because the cost of hospital care was higher than the middle class could afford.  Even though the commercial insurers, the Blue's, and the HMO's all negotiate with doctors and hospitals for prices lower than the providers' stated fees, the charges for those services still continue to rise [BLS/CPI].  Then insurers add in their own administrative costs and profit margins, and pass on the total cost increases to consumers and employers.  

Between 1960 and 2008, inflation increased the cost of good and services by more than 7 times, or 627%, according to the Consumer Price Index.  (When prices double, that is a 100% increase; ten times higher is a 900% increase.) 

According to data from the Department of Health and Human Services (HHS), health care prices went up significantly more than the 627% inflation rate between 1960 and 2008:  

   Healthcare
Price Increases

    ($ billions)

  1960
current
  $B**
  1980
current
   $B
  2008
current
   $B
1960-2007
  Inflation
1960-2007
Healthcare
Consumer Price Index* conversion based on $100
in constant 1982-1984 dollars*** [CPI]
$100.00

$ 27.30
$278.38

$ 76.00
$727.38

$198.60

   627.4%
TOTAL National
Health Expenditures
[HHS Table 3]

  27.3

  255.7

 2,391.4

  8,659.7%
Hospital Care
[HHS Table 1]

   9.0

  100.5

   722.1

  7,923.3%
Physician and
clinical services
[HHS Table 1]

   5.6

   47.7

   486.5

  8,587.5%
Prescription drugs
[HHS Table 1]

   2.7

   12.0

   237.2

  8,685.2%
Health insurance
premiums [HHS
Table 2]

   5.8

   69.0

   790.6

13,531.0%

Compared to the 627% inflation rate from 1960 to 2008, making prices over 7 times higher, hospital prices were 80 times higher, and physician prices 86 times more. Medication prices caught up after 1980 and were 88 times more by 2008, while health insurance premiums were 136 times higher than in 1960.    

Does this mean that medical price increases are largely responsible for inflation?  The obvious difference between overall inflation and health care inflation rates raises the question, what would the national inflation rate have been over those years without those astronomical increases in health care prices?

In our health insurance system we have not just one, but two layers of separation between consumers and providers—employers, and health insurance companies.  Those buffers effectively conceal providers’ price increases from their patients, and from the scrutiny of the general public and our legislators. 

Collusion:  The secret and discriminatory pricing practices of the medical profession [Doctors], paired with the "non-disclosure" terms of their contracts with insurers, provide fertile ground for collusion among doctors, hospitals, and health insurance companies.  Well-organized groups of providers with a large market share can match the negotiating power of the big insurance companies. 

Investigative reporting by Scott Allen and others on the Boston Globe Spotlight Team, published November 16, 2008, revealed that the Partners hospital chain and Blue Cross Blue Shield of Massachusetts had made a secret handshake deal in 2003 for Partners to get 15% to 200% more than competing hospitals for the same procedures.  The result is that  

...individual procedures...can be two or three times more expensive in one hospital than in another....  The hospitals that are paid at the highest rates all share one trait: They have the bargaining clout to demand higher insurance payments....   [Allen]

Both insurers and providers gain.  Guess who loses?  Our health insurance system of secrecy not only prevents competition; it actually fosters collusion verging on the criminal between insurers and providers.  We're the ones who pay for it.  

Collusion impacts the middle-class wallet in more subtle ways as well.  Secrecy in pricing and payments allows price discrimination.  It disempowers all health care consumers, from individuals to the government.  

In 2009, $18,332 was the shocking cost of employee health insurance from the Blue's for two people in Massachusetts—and that was at group rates, through my former husband's employer.  Another family member pays $500 a week for family coverage.  Why so much? 

As an insurance customer, I'm a cheap date, needing only routine and preventive health care.  I had to wonder, out of my half of that $18,332, or $9,166 how much actually went to my doctors to pay for my health care?  How much did my annual health care actually cost? 

There's no way I can find out.  I don’t know what my doctors charge, I don’t know how much the insurance company discounts their prices or how much it actually pays them, and because of non-disclosure agreements neither of them will tell me—the insurer says it's all “proprietary information.”

I find that appalling.  How can we, as individuals or as a nation, manage our health care costs when we're not allowed to know what they are? 

Secret pricing in our current health insurance system shields high prices from public scrutiny, prevents competition, and helps providers take advantage of consumers. 

Worse, our health care system discriminates against whole groups of people.  Charging different prices to different groups of people for the same product happens not only with doctor and hospital prices, but also with insurance itself.  Commercial health insurance companies favor the young and healthy; they can reject others, or charge them exorbitant premiums.  And until the health care reform law of 2010, they could also drop insured customers if they got sick.

“Defining Affordability for Massachusetts,” an April 2007 Community Catalyst report by Christine Barber and Michael Miller, states that

Even the new Massachusetts universal health insurance law "allows insurance rating differences for age and geography," and under the new law, the insurance plans charge higher premiums to older citizens.  [Barber] 

In fact, they charge seniors twice as much for the same coverage—legalized age discrimination. 

Health insurance companies are so powerful that only big employers and sometimes the government have the leverage to negotiate with them for lower premiums; small businesses and individuals have had to pay much more. 

Bankruptcies:  We have a law, COBRA, which allows people to keep buying health insurance at group rates through their former employer when they lose their jobs, but it actually isn't much help in the real world.  Most people who lose their full-time jobs because of downsizing also lose their health insurance anyway, in spite of COBRA, because paying 100% of even the group-rate premiums is still far too expensive for the unemployed and under-employed. 

Non-group individual and family policies are impossibly expensive, far higher than group policy rates, certainly beyond the reach of the underemployed.  If I hadn’t been fortunate enough to divorce the right man, that's what I would have faced.  For middle class families, losing a full-time job can mean losing access to all but the most critical, emergency-room health care.  

Why?  Most doctors and hospitals require a signed commitment to pay any uninsured expenses before they will even treat us.  Before a doctor will see us, we all have to sign agreements to pay the full price entirely out of our own pockets if we don't have health insurance, or if the insurance company denies our claim.  And the doctors' prices are not disclosed in the form we have to sign. 

Both the health care providers and the insurers keep secret the insurance payment schedules and the reduced amounts the physicians and hospitals actually accept.  But the real catch is that the providers charge uninsured patients by a much higher fee scale than the amounts they actually get for treating patients with insurance.

The lower prices are negotiated by the health insurance companies, but they don't apply to the uninsured.  This drives many of the uninsured to go to emergency rooms instead.  

Others try to handle it financially themselves, only to fail.  Many personal bankruptcies in this country are due to medical debt, according to the San Francisco Chronicle and the Kaiser Family Foundation [Colliver].  Many people don't realize they can negotiate with providers to reduce their bills.

AARP reports that medical debt caused a staggering 62 percent of personal-bankruptcy filings in 2007—and three-quarters of these filers actually had health coverage when the serious illness began [AARP].  

It is now much harder for the average citizen to survive financially even after declaring bankruptcy, under the federal Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, because this new law forces more people into 5-year plans for repaying the medical debts that caused the bankruptcy—another step in the expanding victimization of the American middle class by our health care system.

The kind of power the insurance industry has over a family's economic situation can easily be abused, and it often is.  According to the AARP, “…the most frequent outrage in health insurance may be the rejected claim.”  Health insurance is no protection from medical debt—health insurance companies routinely deny 14% of our claims—one out of every seven!  

Doctors are protected when the insurance company denies our claims, but we are not—remember those commitments we have to sign in the doctor's office that we will pay if the insurer doesn't?  If we don't take the time and do whatever we have to do to fight the denial, including getting the doctor to advocate for us, or if we do all this but are still denied, we have two choices:  pay the doctor's undiscounted price, or get sued, even forced into bankruptcy.  

The unregulated business practices of insurers, hospitals, and doctors, especially secret and discriminatory pricing, guarantee that the individual citizen remains unprotected from their power over our pocketbooks.  Together they can gouge us, even drive us into medical bankruptcy, with impunity.  

Many part-timers have incomes that are limited by employer ceilings on the number of hours we can work, in order to maintain our part-time status.  Although the Massachusetts health reform law lets our employers off the hook, it still requires us to purchase health insurance on our own. 

Of course the underemployed can't afford very much in premiums or coverage.  If we get seriously sick, we know massive medical debt, even bankruptcy, will follow.  On the other hand, if our incomes are kept low enough, the taxpayers are stuck with our health care costs.  Yet we're still taxpayers ourselves. 

Those who still have full-time jobs get low group rates and large employer contributions for their health insurance premiums; they also have job security when they need maternity, parental, or dependent care leave.  Most of the underemployed have no access to group health insurance, and no job security when family needs arise; instead, they are often treated as disposable adjunct staff. 

With the more recent 2008-2009 rise in unemployment, there's a new twist on employers avoiding benefit costs—using use a bait-and-switch hiring strategy.  One employer advertised and interviewed a well-qualified job applicant for a full-time position with benefits, then offered the successful candidate only a part-time position with no benefits and a lower pay rate—less than he was getting on unemployment.

Isn't bait-and-switch illegal in consumer advertising?  Do we need our legislators to prohibit it as an employment strategy as well? 

Better yet, mandate full parity in benefits and pay for part-time employees—and pass laws to separate health insurance from jobs so our employers can afford to let us work.

Bankruptcies:  We have a law, COBRA, which allows people to keep buying health insurance at group rates through their former employer when they lose their jobs, but it actually isn't much help in the real world. Most people who lose their full-time jobs because of downsizing also lose their health insurance anyway, because paying 100% of even the group-rate premiums is still far too expensive for the unemployed and under-employed. 

Non-group individual and family policies are impossibly expensive, far higher than group policy rates, certainly beyond the reach of the underemployed.  If I hadn’t been fortunate enough to divorce the right man, that's what I would have faced.  For middle class families, losing a full-time job can mean losing access to all but the most critical, emergency-room health care.

Why?  Most doctors and hospitals require a signed commitment to pay any uninsured expenses before they will even treat us.  Before a doctor will see us, we have to sign agreements to pay the full price entirely out of our own pockets if we don't have health insurance, or if the insurance company denies our claim.  And the doctors' prices are not disclosed in the form we have to sign. 

Both the health care providers and the insurers keep secret the insurance payment schedules and the reduced amounts the physicians and hospitals actually accept.  But the real catch is that the providers charge uninsured patients by a much higher fee scale than the amounts they actually get for treating patients with insurance.     The lower prices are negotiated by the health insurance companies, but they don't apply to the uninsured.  This drives many of the uninsured to go to emergency rooms instead.  

Others try to handle it financially themselves, only to fail.   Many personal bankruptcies in this country are due to medical debt, according to the San Francisco Chronicle and the Kaiser Family Foundation [Colliver].  Many people don't realize they can negotiate with providers to reduce their bills.

AARP reports that medical debt caused a staggering 62 percent of personal-bankruptcy filings in 2007—and three-quarters of these filers actually had health coverage when the serious illness began [AARP].

It is now much harder for the average citizen to survive financially even after declaring bankruptcy, under the federal Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, because change in the law forces more people into 5-year plans for repaying the medical debts that caused the bankruptcy—another step in the expanding victimization of the American middle class by our health care system.

The kind of power the insurance industry has over a family's economic situation can easily be abused, and it is. According to the AARP, “...the most frequent outrage in health insurance may be the rejected claim.”  Health insurance is no protection from medical debt—health insurance companies routinely deny 14% of our claims—one out of every seven!

Doctors are protected when the insurance company denies our claims, but we are not—remember those commitments we have to sign in the doctor's office that we will pay if the insurer doesn't?  If we don't take the time and do whatever we have to do to fight the denial, including getting the doctor to advocate for us, or if we do all this but are still denied, we have two choices: pay the doctor's undiscounted price, or get sued, even forced into bankruptcy.

The business practices of insurers and providers, including their secret and discriminatory prices, guarantee that the individual citizen remains unprotected from their power over our pocketbooks.  Together they can gouge us, even drive us into medical bankruptcy, with impunity.

SUMMARY

We are in a health care cost crisis that has been building for years.  Chronic increases in health care prices and health insurance premiums have hurt us badly.  They have

  • diverted middle-class earnings from our paychecks to the insurance industry
  • reduced our average weekly earnings while employers' labor costs rose
  • helped drive American jobs overseas
  • driven business, non-profit, and government employers to replace full-time benefited jobs with part-time, sub-contract, temporary and per diem positions having no benefits
  • created separate and unequal categories of jobs at home
  • caused separate and unequal access to health care
  • forced medical bankruptcies
  • destabilized the national economy

The Massachusetts Constitution affirms the dignity and equality of all individuals.  It forbids the creation of second class citizens,” wrote Margaret Marshall, the Chief Justice of the Massachusetts Supreme Judicial Court [Marshall, C.J.], when that court rejected the legality of separate treatment of same-sex marriage by civil government. 

In an interview she added, “The history of our nation has demonstrated that separate is seldom, if ever, equal.”  [Brazelon]  Justice Marshall should know; she grew up under apartheid in South Africa. 

In Brown vs. Board of Education, the 1954 school desegregation case, the United States Supreme Court found that racially segregated schools were separate and unequal, and therefore unconstitutional, under the equal protection clause of Fourteenth Amendment. We have taken giant steps to correct our nation's civil rights injustices in our schools and public services. 

Yet we have allowed the creation of a new group of second-class citizens in this country—the underemployed. Millions of individuals and their families now suffer both employment and health care systems that are separate and unequal.

We have restricted access to health care by funneling it through the insurance industry, then limited affordable health insurance primarily to those with full-time jobs at large corporations—which has excluded nearly 50 million people. 

Employment, and access to health care, are two entirely unrelated issues—everyone needs health care; not everyone is in the workforce.  Since health care is a universal need, it is a mistake for us to treat access to health care as a benefit only for regular, full-time employees and their families. 

In our system, health care and jobs have a stranglehold on each other.  Together they are causing separate and unequal job opportunities, plus separate and unequal access to medical care, and this is wrong.

Other developed nations don’t tie health care access to employment status, and they don’t require employers to carry 35% of the burden of the nation’s health care (70% of the cost of health insurance premiums for half the population).  It’s time we join the rest of the world.   

We are a creative and resourceful people; we don’t have to lock ourselves into a system that doesn’t work for us.  Attaching health insurance to full-time employment is a deadly combination.  As economic policy, it’s crippling both the middle class and our employers.  It cannot continue. 

ACTION

The 2010 health care reform law has limited some of the abuses by the health insurance industry, such as cancellation of insurance when illness strikes; more people will have health insurance, and fewer will face medical bankruptcy.  But reform has not yet addressed the underlying cause of the cost crisis in our health care system.

It's time to be straightforward about actively and significantly reducing our health care costs. That's what reform means to me, that's what I've expected to hear from Washington, and I think not hearing it is making the American public skeptical about whether health care reform is really cost-effective enough to matter.

It's not enough to reduce the rate of cost increases, not enough to improve efficiency in care and record-keeping, not enough to strengthen health insurance rules, not even enough to assure health care access and coverage for all. Each of these is vitally important, but all of them together fail to reduce our health care costs from the level they're at today.

The fact is that today, right now, the middle class can't afford to pay doctors, hospitals and pharmacies out of pocket, and as individuals we can't afford the insurance that would pay them for us. Therefore we cannot afford today's health care costs as taxpayers, either.

It hardly matters how we  process our health care dollars—as insurance premiums, monthly payments, taxes, out-of-pocket doctor fees and hospital charges, or any combination of these. The central fact is that we cannot carry any reformed health care system at today's prices. That's what I understand when I hear our leaders say we can't afford to continue the status quo.

Players and politicians alike have talked circles around the cost problem, and it isn't fooling anyone anymore. No reform will work unless costs are reduced, and that means lower prices. Actively and significantly reducing health care prices—rolling them back—is the name of the game for today's sharp-eyed voters.

That means a lot of people in the health care industry will get less money than they've come to expect, and they're not going to like it. That's why they've opposed reform, whether they did it openly or behind the scenes, whether they offered genuine change or only window-dressing support for reform without substantive change, whether they stated their real reasons for their opposition, or tried to hide their true motive behind whatever distorted hot-button issue they could find , like the falsely-alleged “death panels,” that might upset voters enough to do the trick for them.

We can't afford today's health care prices, period. The prices are the problem—secret, discriminatory, excessive, and chronically increasing prices. Our history shows how those prices got so high, but we know we can't change the past.  What can we do today?

Doctor, hospital and medication prices are non-competitive because they are secret.  Those prices won't come down, either, until they are no longer secret, but public, and no longer different for different groups of people.

There are two steps we can take immediately to end secrecy and discrimination in pricing throughout the health care industry.  We can insist that Congress pass legislation requiring all health care providers and suppliers to publish their prices, along with the average of the actual payments they’ve been receiving from insurers.  And we can require that all the patients using a given doctor, hospital, or medication pay the same price for the same thing.  

Once we’ve taken these two steps, then consumer awareness and natural marketplace competition will do a great deal to bring health care prices down toward a level where the middle class can once again afford to pay for routine medical care without assistance from either insurance companies or the government.  

In addition, there are six major changes we can make in our health insurance system:

1.  Stop insuring everyday healthcare expenses.  Drop the insurance model for ordinary, everyday and preventive health care needs.  They are not insurable because there is no shared risk.

I buy homeowner's insurance along with lots of other people—we know someone's house will burn down but we don't know whose, so we pool our resources and share the risk. Insurance is for a rare event like a medical catastrophe or a house burning down, and I'd be glad to buy some major medical health insurance along with everyone else in order to share the risk of a big medical expense. Shared risk among a large pool is the purpose of insurance.

However, we don't buy insurance for other everyday needs like groceries and utilities, where there is no shared risk. We all have to pay for bread, soap, and electricity anyway, and insuring them would only add add an unnecessary layer of costs to those essential purchase. Likewise, insuring everyday health care, which is not a shared risk, is absurd—an additional and unnecessary expense on top of a universal need.

Health insurance began during the 1920's when the cost of hospital care became higher than the middle class could afford to pay, and the insurance then was only for hospital care, not for doctors' fees.  We could still afford to pay for our routine care in physicians’ offices long after we needed shared-risk health insurance for the extraordinary expense of hospital care.  

We need to make insurance for hospital care and payment for everyday medical care separate again—to insure only extraordinary health care expenses like hospitalizations, and find another way to pay for primary doctors' care. 

2.  Switch to average-annual-cost, fee-per-patient plans with affordable monthly payments for routine and preventive medical care and chronic disease management, much like the budget plans offered by some utility companies —again, at the same prices for everyone in a provider's pool, regardless of gender, age or employment status.   One discount might be allowed:  for non-smoking moderate drinkers whose blood pressure, sugar, weight, and physical fitness were in a numerically-defined, publicly-known range for good health.

3.  Restrict health insurance to major, extraordinary or catastrophic medical events such as injuries and illnesses requiring hospital care, incidents which are insurable through shared risk.  This is consistent with the purpose of health insurance when it began in 1929—to share the risk of an expensive hospital stay.   

4.  Assure a seamless transition between major medical insurance and regular, ordinary medical care plans, with no gaps in coverage and nothing excluded.

5.  Include medical errors in major medical insurance.  If we handle mistakes like rare events that are insurable like any other accident, then the whole issue of malpractice insurance and litigation costs would be removed from the rationale for charging high prices for doctors’ care.  This would also end the practice of hiding and denying medical errors, because insurers would join regulatory agencies in scrutinizing the causes to prevent more of the same.  
While medical errors may be rare, human nature means that doctors, like anyone else, will make mistakes.  Statistically speaking, errors are inevitable, and some people will be hurt.  We can do a great deal to reduce the frequency of medical mistakes and make more and more of them preventable—if we protect doctors from having to conceal and deny them in order to shield themselves and each other from devastatingly expensive lawsuits.  

Including doctors' and hospitals' errors along with other rare but costly medical events under major medical insurance policies would relieve physicians of the expense of their burdensome malpractice insurance premiums, and would shift that burden to the shared risk category for patients, where it belongs.    

Negligence and incompetence would not be insurable, and would be more readily exposed and stopped by fellow doctors because concealing a colleague’s errors would make a doctor complicit, and therefore equally negligent and liable.  Instead of demanding self-regulation and pretending infallibility, the medical profession would be able to take on the honest responsibility of publicly and transparently policing itself—backed up by regulatory and insurance oversight. 

6.  Remove health insurance from employment.  Restrict health-related employee insurance benefits to disability insurance only, which is directly connected with earnings and jobs.   Since health care is a universal need, it is a mistake for us to treat access to health care as a benefit only for employees.    

We have tested the idea of providing health through insurance as a job benefit for more than two generations—since World War II.  This approach is failing us:  depleting our earnings, increasing business expenses, harming our ability to compete in the global economy, driving American jobs overseas, causing separate and unequal jobs at home. 

Breaking the chains binding employers to provide health care benefits would strengthen their opportunities in the global marketplace.  It would remove the health insurance companies' access to our paychecks, and increase the income we'd have available to pay for our own medical care.

By relieving America's industries of a major cost unrelated to their businesses, it would also eliminate that tax deduction, and thereby increase tax revenues without increasing corporate tax rates.  

Unions may well oppose the removal of health insurance as a job benefit.  Perhaps they'll claim that eliminating it will harm the middle class, but that claim would have to be weighed against the greater damage caused by allowing the health insurance industry an ever-expanding access to our paychecks and our business profits.  It cannot be sustained, and that costly benefit is driving increasing hostility to unions, even threatening everyone’s collective bargaining rights.  Unions have a choice to make, and the time is short.

Stopping our employers from providing health insurance would significantly reduce the reach of the health insurance industry, and reduce its inflationary impact on the national economy.

BENEFITS TO DOCTORS, OPPORTUNITIES FOR INSURERS  

Expecting health care providers to roll their prices back far enough for the American middle class to be able to cover our everyday health care needs out of pocket or with monthly payments, plus get affordable insurance against catastrophic medical events—with neither kind of health care subsidized for us by employers or the government—may look like an impossible pill for the medical profession to swallow.   

However, these changes would not only benefit the middle class by making health care affordable, getting the health insurance companies out of our paychecks, and making more of our earnings available to us.  They would also get the insurance companies out of the practice of medicine, and greatly improve the financial picture for doctors, especially primary care providers, in at least five different ways. 

First, eliminating our current fee-for-service form of paying for health care through insurance, and replacing it with average-annual-cost plans for primary care providers and, for specialists, with major medical insurance policies whose coverage was determined by law, would remove the need for each doctor's office to cope with the constantly changing coverage details for literally hundreds of different health insurance plans.   

Today, in order to get paid for the care they provide, far too much of doctors' time and resources are consumed by meeting insurance companies' bureaucratic approval procedures and paperwork requirements.  There is an alternative.  Massachusetts General Hospital’s research suggests that  

Physicians end up using nearly 12 percent of their net patient service revenue to cover the costs of excessive administrative complexity.  A single transparent set of payment rules for multiple payers, a single claim form, and standard rules of submission, among other innovations, would reduce the burden on the billing offices of physician organizations.  On a national scale, our hypothetical modeling of these changes would translate into $7 billion of savings annually for physician and clinical services.  Four hours of professional time per physician and five hours of practice support staff time could be saved each week.  [MGH]  

Reducing the size of their office staff would be a substantial savings for the medical profession, which they could pass on to their patients at no loss to themselves.  

Second, physicians would no longer have to fight the insurers' denials of coverage for one in seven insurance claims, or sue their patients in court, in order to get paid at all.  Today, these insurance cost factors reduce doctors' freedom to focus on providing care.  

Eliminating these two big insurance-caused overhead expenses—denials and collections actions—would let doctors reduce their prices without reducing their net incomes.

Third, a monthly payment system for primary care, and standardized major medical insurance policies, would put the doctors back in the driver's seat.  Their professional judgment has been usurped by the health insurance companies whenever they can dictate care decisions according to the terms of each patient’s insurance plan.  Physicians would be free to determine patient needs and provide their medical care without getting permission from the insurance companies. 

Fourth, eliminating the insurance industry's control over the terms and conditions of medical practice would be likely to stabilize patient populations for primary care providers.  Today, patients too often have to change doctors at the whim of the insurance companies, either when insurers drop providers, or when doctors stop accepting the patients' health insurance plans. 

From the business point of view, customer turnover is expensive, while repeat business allows more efficient service.  Without interference from the insurance companies, both primary care doctors and their patients could depend on long-term continuity of care, and come to rely on each other they way they used to. 

Finally there is a fifth factor, already mentioned above, that would greatly benefit all health care providers: eliminating malpractice insurance by insuring medical errors under major medical insurance, like any other rare accident or uncommon illness.   This would be a substantial cost-cutting measure for physicians to pass on to their patients.  

Without cutting into physicians’ earnings, we can significantly reduce their costs if they could downsize their support staff, stop fighting claim denials, avoid collection costs, stabilize their patient populations, and eliminate malpractice insurance premiums.  Those changes would not be bitter pills for the medical profession to swallow.  

The health insurance industry and its employees would appear to take the biggest hit from these changes.  Removing everyday health care from the group of insurable medical needs, and converting such care to average annual cost plans with regular monthly payments directly to primary care doctors, would make a lot of our medical care inaccessible to the health insurance companies, and entirely eliminate the premiums they now collect to cover routine care.   

However, many insurers would have the option of switching their business away from insurance and into managing those average annual cost plans.  They already have electronic medical data and records systems established and in use.  Those who continued in the health care industry as insurance companies would be limited to selling major medical policies to the public, and not to employers.  

In addition, a related business opportunity is already opening up for insurers to replace some of that revenue stream:  electronic medical records.  This would be a feasible job transition for insurance employees with minimum retraining needed—except perhaps for the mind set—since insurers already have the data management systems in place to make such a change.   

CONCLUSION

There's no question that health care prices have to come down in order to reverse the annual cycle of double-digit increases in health insurance premiums.  Every step we can take to reduce our health care providers' costs of doing business would allow them to reduce their prices more.  

The goal of health care price reductions is affordability for the middle class.  According to a 2007 Community Catalyst report in Massachusetts,

  • Middle income people pay average of 8.5% of income for total health costs
  • At 600% FPL, people can afford unsubsidized, non-group health plans, at 8.5%/income after meeting other basic needs.  [Barber]

In other words, those whose incomes are 600% (seven times) or more above the Federal Poverty Level (FPL) can afford to pay for their health care with no help from either employers or the government, as long as the total costs for all their care, including health insurance premiums, medications, and co-pays, does not exceed 8.5% of their earnings.  

If these conditions were the norm, it would be reasonable to pass legislation requiring people to buy average-annual-cost plans for routine and preventive medical care and chronic disease management, plus major medical insurance for extraordinary expenses—perhaps on subsidized sliding scales for those with lowest incomes—just as our states can require drivers to buy auto insurance, and national banks can require mortgaged property to be insured.   

While some claim that states, but not the federal government, may require all to purchase health insurance, federal funds could be tailored to reward states that require universal coverage and penalize those that do not.  Furthermore, under such a law people could opt out, unless and until they had a medical emergency and could not afford to pay for those medical services out of pocket.  Then they could be required to purchase health coverage, and to pay a substantial penalty for having none and imposing their costs on the public.    

During the 2009-2010 health care reform debates in Congress, the health insurance companies insisted that requiring universal coverage was essential in order to have a large enough pool of the insured to keep premiums affordable.  If healthy young workers were all buying health insurance, the costs of caring for those with serious medical conditions and for retired seniors would balance out—and affordable health insurance would still be available for those young workers when they suffered medical misfortune or grew older, and needed more medical care.  

By the same big-enough-pool reasoning, with universal coverage we could prohibit price discrimination by any criteria, including age.   

For a specific example on the issue of affordability, in 2006 the FPL for a family of 4 was $20,000; seven times that amount (600%) would be $140,000.  Theoretically, this family could afford to pay out of pocket up to 8.5%, or $11,900, for their total health care—at the current health care prices for 2006, without the benefit of the several steps we can take to significantly reduce those prices.  

The problem is that $140,000 a year is nearly twice the $68,000 a Boston area study calculated is the minimum household income necessary for a family of four—on a budget for essentials only, including nearly 8% ($5,440) for health care, but with no discretionary income available for vacations, dining out, charity, gifts, new technology, or entertainment (not even cable TV or cell phones).  

For a capitalist economy that had grown to expect its consumers would have 50% of their income available for discretionary spending, that $68,000 a year, or $17/hour for each of the two income earners, is not enough.  They would need double that amount--$136,000, or $34/hour each—for their consumer spending to return to the levels that once made our economy thrive.   

The other side of the solutions package for our health care cost crisis, besides medical care cost-cutting, is to raise middle-class incomes.  (See Hearthstones, “Erosion of the Middle Class,” for the causes of depressed incomes for the American middle class, and steps we might take to correct them.)  

The demand for insurance was created, and continues to grow, because the middle class could not and still cannot afford the continually-increasing prices charged by health care providers and, since 1980, by the pharmaceutical companies as well.  Chronic insurance premium increases expand on those underlying price increases. 

COURAGE TO ACT  

Many U.S. political leaders have been saying we must reduce health care costs, but I have seen only one with the courage to take effective action and actually start to do it:  Governor Deval Patrick of Massachusetts.  

In the spring of 2010, Massachusetts health insurance companies sought significant rate increases—again.  The Boston Globe reported that Gov. Patrick's administration rejected a majority of the premium increases sought by the insurance companies for individuals and small businesses. 
 
Unless insurers can give us a good reason why, when everything else is flat, they deserve 20 percent, 30 percent, and in some cases 40 percent increases, they’re going to be denied,’’ Patrick said.  [Weisman]

The insurers immediately took him to court, and a Suffolk Superior Court judge ruled in his favor.  The insurance companies then had no choice but to go back to the providers to re-negotiate for reduced price increases.  However,

Unlike in past years, insurers believe they have widespread backing from politicians, regulators, and employers to aggressively push back against large price increases, even if it means some unhappy providers drop out of insurers’ networks, forcing patients to find new doctors and hospitals. 
[Kowalczyki]

Ultimately, the Patrick administration and the insurers negotiated many of those rate increases to less than 10%. [Weisman]  It was still a reduction in the rate of increase, not an actual reduction of current prices, but it was a solid start that we can repeat, and build on, to use a carrot-and-stick approach and force actual reductions in health care prices.  

Gov. Patrick gave us the evidence for how we might begin.  We actually do have the political power to compel lower prices for our health care.  We can do this—we really can!  

When everyday health care and medication prices are no higher than the middle class can afford to pay out of pocket, then—and only then—will we have a viable health care system in this country.


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