I Spy the Senate Bill

By Evan Falchuk

Is the health care bill the Senate passed a good thing or a bad thing?

It depends on who you ask. Which ought to be your first clue that it is really an exercise in politics.

I’ve been warning for months that the rushed process and soaring rhetoric veiled the reality of what was happening.  And that is this: no one really can describe what health care reform is about.

There are a lot of reasons for this, but the biggest one is that very few people on either side seem to understand the health care “system.”  In fact, calling it a “system” is part of the problem.  So let me try to help.

Our health care “system” like one of those pictures from an I Spy book.  Here’s one.

The US health care system

The US health care system

What do you see?  There are some coherent things about it.  First, someone put all of those pieces there.  They seem to be set up haphazardly, but they’re actually set up in a way that’s convenient for the publisher of the book.  They also have a general Christmas theme to them.

But that’s about it.

Now, say someone wanted to “reform” this picture.  How would you do it?  You could put everything in some kind of order.  But what order?  Red things on the left, yellow in the middle, blue on the right?  Or the other way around?  Or why not order it by size or shape or type of object?  Why not reform it to make it easier to find the items on that list at the bottom – clear out everything else and just leave behind the thimble, four birds of red, two fuzzy chickens and a gold-trimmed sled?  That would be simple, but it wouldn’t make the game very good.

You could forgive someone who wanted to reform this picture from doing what a lot of people looking at these pictures do – give up and go to sleep.

But would-be health care reformers are cleverer than that.  They decided to change the problem.  Instead of trying to reform the messy health care system, they said let’s reform the health insurance system.  A picture of that looks like a map of the United States.  Now this is a system that can be reformed.

At the federal level it’s a blank slate, so anything you do counts as reform.  And, since we’re in a hurry, you can take a short-cut and just put in place federally something like what the states have been doing for decades.  Presto! Reform.

I poke fun, but what’s so bad about a federalized version of state insurance regulation?

The problem is this: the way states regulate insurance is one of the major reasons why health insurance is so expensive.  Heavily laden with thousands of rules dictating what they have to cover, how much they can charge, who they must accept as insureds, only a few insurers are able to compete.  A cynic might say the rules have become rigged in favor of these few companies.  A kinder person might say that these are the unintended consequences of good intentions.  But whatever the reason the result is the same: a very small number of companies dominate the markets of every state.  Where competition is low, prices are high.

This is the great irony of reform.  The things that have made health insurance so expensive in the states are the very things reformers want to use federally to make it more affordable.

So what do political advocates think about all of this?

Progressives don’t like it because they think it benefits the insurance companies, and they’re probably right.  Conservatives say, no, the insurance companies are getting taken over by the federal government.  They’re probably wrong.  In fact, it’s the machinery of regulation that’s getting taken over by federal government.  And that, should this bill become law, is a bigger deal than most people realize.

  • Amazing! I finally found someone who agrees with my observation that calling medical care in the United States a "health care system" is a mistaken use of the word "system" !
  • Hi Charlie, welcome! Thanks, and yep, you found me!

    Evan
  • Glad to be here. I referenced your blog post on the word "system" in one of my existing pages on "health care reform" - specifically on this page: http://www.schamenek.com/charlie/opinions/healt...
    Hope we have a Happy New Year.
  • MKirschMD
    An apt analogy of health care to 'I Spy'. Can you spot real tort reform in the legislation? Reminds me of 'Where's Waldo?'

    www.MDWhistleblower.blogspot.,com
  • valjonesmd
    Interesting point about the machinery being taken over. With over 2000 pages of gibberish to enjoy, it doesn't surprise me that the best that most of us can do is to pick one or two issues that we can get our arms around (say, abortion language, Medicare expansion, or public option) and fixate on that to the exclusion of the other stuff. However, I've spied enough redundancy and waste in the fine print to make me deeply concerned about this bill. Perhaps a better illustration (than the lovely Christmas do-dads above) would be a Petri dish of a swab from a Senate toilet seat? It would light up with thousands of organisms, each capable of creating some serious illness in a person if introduced to the right tissue.

    The good news is that Best Doctors' future is assured: with 30M newly insured patients being triaged by homeopaths/naturopaths with online degrees from alternative medical schools - you'll have no end of work to do, teasing out wrong diagnosis after wrong diagnosis. "Total body candidiasis" is going to become an exceedingly common dx if Harkin's amendments survive till the end. And your taxes will pay for Christian Science Prayer treatment for such ills. And that's just one bacterial strain among thousands in this bill.

    Fun times.
  • Awesome. You're the best, Val.
  • Thanks for the thought provoking post, Evan.

    Frankly, your analogy broke down for me at the point where you compared the health insurance system to a map of the United States rather than the complicated I Spy above. I would suggest that the health insurance system is more like the latter than the former. A map of the United States will get you from here to there and essentially has no real "dead ends". Think about the old joke "you can't get there from here..." . Well on a US map you *can* get to anywhere from your current location even if it is a long and circuitous route. So little need for "reform" of such a system.

    Sadly, with the current insurance system, you can't realistically get to where most of us want to get... universal coverage (define that any way you want) from where we are here.

    What is clear is that the US Congress is (sadly) the wrong tool with which to wrought the changes that many of us have sought to achieve.

    I absolutely agree that the lack of competition breeds higher costs for everyone. It is sad therefore that the current legislation keeps some of the most worrisome practices of the current insurance companies intact and provides these companies with more perks that will not (in my estimation) help patients.

    In the end, both parties have failed their constituents.

    Is the health care bill the Senate passed a good thing or a bad thing? In the end, the answer for doctors and patients is clear.
  • You're surely correct about the doctors and patients!

    As for the map analogy, it's not really meant to be an analogy. I meant to emphasize that insurance is regulated entirely at the state level.

    If you're an insurer you sell in your state, and no others. If you want to sell in another state, you have to set up a separate insurer in that other state and comply with its rules, regulations and mandates, which are very likely very different from those in your home state. It makes for a rigid and uncompetitive marketplace.

    In this sense, the machinery of insurance regulation is a fairly simple entity. It's divvied up among 50 state regulators.

    The implication of the Senate bill is that these state regulators will become, for all practical purposes, dinosaurs. They will hang on for a while, but soon enough we will have one, single, super-regulator.

    What's more, that super-regulator seems to want to regulate health insurance in pretty much the same exact way the states have been doing it for many decades.

    I don't think that's progress, unfortunately.
  • Right on Evan! Well said...

    You know even if the best case scenario of the purchasing power and efficient market theory where to extend to the small group, individual and ultimately uninsured markets, the 'best case scenario' would align their performance with that of the large case group health market - not much to brag about!

    Other than in the late 80s to early 90s that market segment has demonstrated little ability to effectively 'manage' medical cost inflation (aka bending the cost curve). In fact many have argued the brief negative medical care inflation index was more a function of macro economic events, than the effectiveness of aggressive discounting (aka cost shifting) by health plans with membership leverage, coupled with the expertise of their smart (i.e., my way or the highway) contracting staffs.

    Oh this tangled web we weave....

    See: http://2healthguru.wordpress.com/2009/12/21/gro...
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  • "Medicine is learned by the bedside and not in the class room. Let not your conception of manifestations of disease come from work heard in the lecture room or read from the book: see and then research, compare and control. But see first."
    - Sir William Osler, MD
    The Father of Modern Medicine
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